Emotional Struggles Regarding Prenuptial Agreements
A prenuptial agreement, also called a "prenup," is a legal agreement which protective spouses sign. It specifies how assets are to be divided in the event of divorce. Emotional struggles can arise when a couple disagrees about whether a prenuptial agreement is right for them and what its content should be. Emotional struggles also can arise when a married couple who already have a prenuptial agreement decide to divorce and their financial situation has changed since they got married.
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Benefits of a Prenuptial Agreement
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When one prospective spouse is significantly wealthier than the other, a prenuptial agreement can help ensure that both parties decide to get married because they love each other and not because of financial gain. It can also protect you financially if your partner has significantly more debt than you, earns significantly more or significantly less than you or files for bankruptcy.
Emotional Struggles When Preparing a Prenuptial Agreement
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When you work out the details of a prenuptial agreement, you need to treat your future marriage as a business. This alone can be enough to create emotional conflicts. Furthermore, a prenuptial agreement forces you to make decisions about issues that would come up in the event of divorce. Divorce issues can be emotionally draining and stressful to deal with, not least when you have to deal with them at a time when your marriage is still new and untested.
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How to Resolve Conflicts Regarding a Prenuptial Agreement
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Minor struggles regarding prenuptial agreements often can be resolved by identifying exactly what the conflict is about. Is one party refusing to sign because he or she thinks it's not romantic to treat marriage as a business? If discussing divorce issues face-to-face prior to the marriage is too stressful, you can hire a mediator. You can also decide to postpone the decisions until after the marriage has already taken place. This form of agreement is also known as a "postnuptial agreement."
Challenging a Prenuptial Agreement in Divorce
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While prenuptial agreements can protect people in the event of divorce, they are not rock-solid legal documents. They can be contested and overthrown. Many couples sign prenuptial agreements on the basis of their current financial situations. However, if the financial situation changes, the court can decide to overthrow an agreement. Contesting a prenuptial agreement can add to the emotional stress which every divorce inevitably gives rise to.
How to Resolve Divorce Conflicts Regarding a Prenuptial Agreement
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The best way to resolve emotional conflicts regarding prenuptial agreements at the time of divorce is to hire a mediator or a divorce lawyer. Divorce lawyers can determine whether a legal document signed prior to marriage will hold up in court. If the agreement is valid but is unfair to one of the divorcing parties, a divorce lawyer can take the necessary steps towards ensuring that the court makes a fair decision, regardless of what the agreement says.
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References
- Photo Credit couple arguing image by Luisafer from Fotolia.com
