When going through a divorce, a person may feel that he or she is drowning in a wide range of emotions. The individual may feel sad about the situation in addition to feeling anger toward the spouse. In addition, the person may feel overwhelmed about how to handle the details of the complex divorce process in California. A recent article explains how a prenuptial agreement certainly can help to alleviate a lot of the stressors that come with divorce and provides tips for a smooth divorce proceeding.
A prenuptial agreement spells out how important areas of the marriage, such as assets, will be addressed in the event of divorce. In addition to having a signed prenuptial agreement, a person should keep records of anything that was said between the two individuals prior to or while drafting the prenuptial agreement. This can be used as evidence in civil court to support the document.
Situations that could harm the legitimacy of a prenuptial agreement include if one person coerced the other person to sign it. Also, improper financial disclosure or the occurrence of fraud at the time of the signing can be a problem. It is essential that the agreement is found to be reasonable when it was signed.
Cautious financial planning and a well-thought-out prenuptial agreement can help people to make the divorce process as easy as possible if a marriage does not work out. If a couple can agree on how to handle areas such as the division of property or alimony, then they can avoid getting a judge involved. This increases the chance that the outcome of the divorce proceeding will be satisfactory for both parties in California. Knowing the related laws can help both parties to experience a positive financial outcome.
Source: Huffington Post, Heading to Divorce Court With a Prenuptial Agreement, Alton Abramowitz, Nov. 4, 2013