Is a prenuptial agreement still valid in a divorce?

Prenuptial agreements are agreements made by both parties before marriage to protect their own rights and interests after marriage. The content usually mentions arrangements for married life, assets, and even property distribution in the event of divorce.

Although prenuptial agreements can provide some protection for both parties, they cannot completely eliminate disputes in the event of divorce. For example, if a couple signed a prenuptial agreement 30 years ago that stated that the husband would receive 99% of the property, the court would still consider the wife’s special circumstances, such as if she had been the primary caregiver in the marriage or if she had no income and therefore needed to receive a larger share of the property.

Therefore, if you are considering signing a prenuptial agreement, it is important to disclose your entire situation to an attorney. An attorney can help you draft a reasonable agreement that is more likely to be upheld by the court in the event of a divorce.