Marriage is a wonderful thing, but when it falls apart, things can get ugly. Within weeks or months, two loving people who could not imagine their lives without one another turn into the biggest enemies who hate each other’s guts.
Unfortunately, many divorces in Salt Lake City and all across Utah require months or even years of exhausting, costly, and completely avoidable legal battles over the division of property, alimony, child support, child custody, and many more issues. But couples have gotten smart, so they are signing pre- and post-nuptial agreements to avoid or reduce the severity of divorce issues.
What is a pre- or post-nuptial agreement?
Signed either before or after getting married, pre- and post-nuptial agreements, respectively, are a great way to avoid legal and financial disagreements in the event of divorce. In the agreement, your Salt Lake City divorce attorney can outline the financial terms of your marriage to avoid unnecessary legal battles and costly divorce proceedings.
Although prenuptial and postnuptial agreements are on the rise in Salt Lake City and all across Utah, many people are not exactly thrilled about the idea of signing such agreements. People wrongly think that proposing to sign a prenuptial and postnuptial agreement is the same as telling their spouse, “Look, honey, I know we will get divorced one day – so let me just clarify what you will not be able to take from me.”
Does it make sense to sign a prenuptial or postnuptial agreement?
People get it all wrong. Prenuptial and postnuptial agreements are standard procedures, which can stipulate asset division and outline other financial matters in the event of divorce. In no way does it mean that you are preparing to get divorced beforehand. All it means is that you want to legally establish critical details of your marriage in case things do not work out.
But even those who sign prenuptial and postnuptial agreements make terrible mistakes, which can either render their agreement ineffective or useless or give away to their spouse much more than was intended. When signing such agreements, you need to be careful, attentive, and aware of Utah divorce laws, which is why hiring an experienced divorce attorney in Salt Lake City or elsewhere in Utah is highly recommended when preparing a pre- or post-nuptial agreement.
Let’s explore some of the most common mistakes people make when signing prenuptial and postnuptial agreements which can sabotage their own interests and lead to some very unpleasant surprises in the event of divorce.
Ambiguous language that is open to interpretation
Even schoolchildren know that using ambiguous language that is open to interpretation in legal documents could potentially get you in trouble. Pre- and post-nuptial agreements are no exception in this regard.
Unfortunately, way too many couples in Utah prepare and sign pre- and post-nuptial agreements without seeking legal help from an experienced lawyer, and end up signing agreements that either have no legitimacy whatsoever or use unclear and ambiguous language.
When signing such documents, it is critical that you establish specific terms, which cannot be open to interpretation. When in doubt, consult with a Salt Lake City divorce attorney from the Emy A Cordano, Attorney At Law.
Immunity from your spouse’s debt
Every effective prenuptial and postnuptial agreement needs indemnification to protect the spouses from the debt accrued by the other spouse. In the agreement, spouses can establish that they would be immune from any debt collected by their spouse and that any debt accrued by their spouse would not be considered “joint debt.” Therefore, the spouse who did not collect the debt will not be responsible for the other spouse’s debt in the event of divorce.
Protocol for filing taxes
One of the most overlooked things about pre- and post-nuptial agreements. It is highly advised to establish whether you, as a married couple, will file taxes jointly or separately, and the manner in which debts and refunds will be divided between you and your spouse over the course of your marriage.
Do not sign a prenuptial and postnuptial agreement alone. Seek legal advice from our skilled lawyers from the Emy A Cordano, Attorney At Law. Call at 801-804-5152 or fill out this contact form for a legal consultation.