What Happens If You Don’t Sign a Prenuptial Contract?By Moskowitz Law Group, LLC |
If one party wants there to be a prenuptial contract going into a marriage and the other one does not, it may be indicative of deeper issues. If it is truly such an important element before the marriage, it may even be grounds for calling a marriage off.
If your soon-to-be spouse refuses to sign a prenup, then the one who does not want it may also decide to call the engagement off. It is of the utmost importance that you and your future spouse are on the same page about these matters if it is important to you. Many people find that speaking with an attorney is a good way to learn more about the prenuptial agreement process and what it might mean for your marriage.
Reasons Someone Might Avoid a Prenuptial Contract
Someone may not want to sign a prenup if they have significantly less assets than the other spouse. They may not want to lose the ability to try to gain some of those assets or wealth in the event of divorce.
By signing a prenup, a party that does not work would then have little or no earning potential while signing away their rights to potential marital assets. Other people view it more personally and get offended and believe that the prenup is a sign of a lack of trust. It may be an issue to them that they are having to deal with this before they are getting married and planning for a wedding which is supposed to be a happy occasion.
Is There Any Way to Cancel a Prenup?
There are certain specific ways to set a prenup aside in the event of a divorce. Someone could attack the circumstances surrounding the negotiation of the prenup. They would try to make the claim that it was not valid because it was not entered into voluntarily, and they were under duress or not of sound mind. A prenuptial contract may also be unconscionable and unenforceable if the disputing party did not have legal counsel at the time.
Assets in a Divorce After a Refused Prenup
If one party refuses to sign a prenup and the parties still get divorced, then the standard laws regarding alimony and equitable distribution would be applicable. Premarital assets would also be exempt from equitable distribution so long as it can be proven that they were individually owned before the divorce took place.
Even if parties do not execute a prenup, it is always wise to hold onto documents evidencing what someone had coming into the marriage so that in the event of a divorce, they could show what would be considered premarital. If your future spouse does not want to sign a prenup, many things could happen. It may be wise for you to get in touch with an attorney. A dedicated lawyer could help you fully understand the potential results of these contracts and how to discuss them with your partner. Call Moskowitz Law Group, LLC today to get started.