On behalf of Regina Edwards of Edwards & Associates,
Family Law Attorneys posted in High Asset Divorce on Tuesday, March 18, 2014.
Take a moment and consider this
scenario: say you've been married for many years, but your spouse had a prior
marriage. Both of you waived your rights to alimony and signed a prenuptial
agreement. Your spouse had multiple kids in the first marriage, and they come
to live with you. To make everything work, you quit your job to help take care
of them. Everything is going well for many years -- and then your marriage hits
a snag.
What are you supposed to do in this
scenario? Without a right to alimony or spousal support, and with no job or
working experience in years, you could be in a dire financial situation. If you
and your spouse were to divorce, would the prenuptial agreement still
stand? Or would parts of it be nullified given the drastically different life
circumstances that apply now?
It is impossible to give a definite
answer to any of these questions without specific details about the people and
assets involved. Prenuptial agreements are critical documents, but they are
also tricky. The person enforcing the prenup has a significant evidentiary
threshold to cover, as does the other party involved. The above scenario may be
imaginary in this context, but it is also very real for many couples across the
country. Just look at our source article as an example.
Ultimately, it is important to
realize that every marriage or divorce is unique -- and that the parties
involved need to consult and experienced family law attorney to help them
navigate the specifics of their case.
Source: Boston Herald, "Woman worries about terms of prenup,"
Gerald Nissenbaum, March 16, 2014
Tags: divorce
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