In a marriage, if one spouse is guilty of exorbitant debt, one factor of a prenuptial is that it can protect the other spouse from being responsible for it. So if someone goes on a tantrum spending spree just before a divorce is finalized, all that debt is legally on them, not on you.
You probably have some Tupperware and mixing bowls that you gladly use, but don’t find super-important. This type of property often falls under the category of what’s called marital property, or community property. Separate property could be, say, a luxury car that you inherited from your grandfather. Clarifying the distinction in a prenuptial keeps any potential disputes over property clear.
In the case of a divorce, you and your spouse need to discuss who would receive which portions of property. Anything that isn’t in writing in the prenuptial is up for debate at the time of divorce. This could include, for instance, that your three children each get an equal portion of gold pieces that you and your spouse have saved up, instead of the gold pieces going to either spouse.
If you’re planning on sticking it through to the end, having a prenuptial can help you and your spouse establish rules about the investment and management of a joint bank account or other combined expenses, including how to manage credit card spending or agreeing to share the expenses of putting one spouse through school.
Get Out of Jail Free Not Included?
People confuse fiction and fact with prenuptials and think that they can function in ways that they actually don’t. Nothing illegal or related to illegal activity can be agreed upon in a prenuptial. Child support and child custody are also arrangements that can’t be determined in a prenuptial, but instead must be settled within the process of an official divorce using family court services in Daphne, AL. Also, believe it or not, some prenuptial agreements are underhanded financial schemes that actually encourage eventual divorce for sizeable compensation. Under just what circumstances this type of clause is used will be left to the imagination, but judges will look for these types of clauses and deem a prenuptial invalid if they’re included.
In general, if an issue isn’t financial but personal in nature, then it probably doesn’t belong in a prenuptial. If you’re still not sure what financial and legal matters need to be included as well as other questions about uncontested divorce, you should contact your family divorce lawyer in Daphne, AL.