What happens if you sign a prenup and get divorced?

What happens if you sign a prenup and get divorced?

Many people opt to sign a prenuptial agreement, or prenup, before they get married. This is often seen as a way to ensure that, if the marriage does end for one reason or another, there has already been a conversation and an agreement on how assets would be divided, if one party would receive alimony, and so on. 

If you have signed a prenup and are now getting a divorce, you have a road map that outlines what is separate property and what is community property of the marriage. Discuss your pending divorce with an experienced Fort Worth divorce lawyer immediately. 

What voids a prenup?

A prenup is not always as ironclad as you might think. There are several things that can void a prenup, including: 

• The prenup was not documented correctly and is missing signatures or other essential information. 
• The prenup lacks full disclosure – one or more of the parties involved did not fully disclose their assets.
• The prenup was not actually put down in writing; it was only a verbal agreement between the two parties.

Can a prenup leave a spouse with nothing?

This is one of the greatest fears that many people have when considering a prenuptial agreement, that they will be left with nothing if the marriage dissolves. This is very unlikely because the court will typically deem such a prenup unenforceable and require a revision to the original agreement. 

Are you more likely to get divorced if you sign a prenup?

One of the reasons that people often avoid a prenup is the assumption that having the conversation about a marriage ending before it even begins is a bad sign. In reality, you’re no more or less likely to get a divorce if you have a prenup. Many marriages end regardless of if there is a prenup in place or not. 

What happens if you sign a prenup and your spouse dies?

If your spouse dies this does not trigger a distribution of assets per the prenup. Instead, your spouse’s last will and testament will go into place upon their death and any property detailed in the prenup will go to the hands of the estate. This is a detail you will want to discuss with your attorney to fully understand. 

Does a prenup cover future inheritance?

A prenup can include future inheritance, this is one of the most common and important uses of a prenup. You can state in the prenup that inheritance will remain the property of the individual who is receiving the inheritance. This can help to protect one or both parties in case of a divorce. 

Speak with a Fort Worth Prenuptial Agreements Attorney

If you are facing a divorce with a prenuptial agreement in place, it is advisable to speak with an experienced Fort Worth attorney as soon as possible. The team at MBH Fort Worth Family Law understands the nuances of a prenup and has helped many of our clients navigate this scenario. Contact us online to schedule a free initial consultation, or call us at 817-476-7964 to learn more.  

Constance Mims

Constance Mims has over fifteen years of experience practicing exclusively family law. Mrs. Mims is Board Certified in Family Law, by the Texas Board of Legal Specialization. She is Collaborative Law certified and is a shrewd negotiator, not to mention her experience in the most challenging child custody, child support, spousal maintenance, alimony, prenuptial agreements, and divorce issues, both in court and in the appellate arena.

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