If a Signed Premarital Agreement is in Place and One Spouse Files for Divorce, How is the Prenup Enforced?

The purpose of a Prenuptial Agreement is to make provisions for the retention or division of property upon the filing of a divorce.

The divorce proceeding itself is the only time that the terms of the ‘prenup’ are applied: when the parties separate and a divorce is pending.

Thus, a person looking to enforce the specific terms of a premarital agreement must prove his or her case to the judge during those divorce proceedings.

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