Culp, Doran & Genest, P.L.C
Contact Us Today
Phone: 515-288-3333
Toll Free: 877-515-6615

Prenups may help reduce tension in divorce

In Iowa and elsewhere, deciding to end a marriage can be stressful. It can be overwhelming to deal with the mountain of issues that may arise in a divorce. However, if a couple has a prenuptial agreement in place, most of the potentially volatile questions have already been resolved. Many couples have come to view prenups as a necessary part of wedding planning.

Often, prenuptial agreements deal with how assets and property should be divided if a couple gets divorced or one spouse dies. In some situations, stipulations are included that deal with alimony or spousal support payments. How debt should be handled, child care issues or specific lifestyle instructions are also items that are frequently addressed in prenups.

However, stipulations in prenups may not go against public policy or be illegal. Also, there are very specific guidelines to follow when handling a couple's retirement accounts, such as a 401(k) or other defined benefit plans. A prenup can be invalidated if a court rules that one party was forced to sign it or it includes something unconscionable.

In the past, prenuptial agreements were thought to only be necessary for those couples with high incomes levels or significant property holdings. However, couples of all incomes are now seeing how helpful prenups can be in the event of a divorce or death. An Iowa family law attorney can help guide a client through the process of developing a prenuptial agreement prior to the wedding A postnuptial agreement can be used to address the same types of issues after a couple has already been married.

No Comments

Leave a comment
Comment Information