A prenuptial agreement becomes legally binding and determines asset division and support terms during divorce proceedings
When divorce occurs, your prenuptial agreement serves as a legally enforceable contract that outlines how your marriage dissolution will be handled. The prenup’s specific terms take precedence over standard divorce laws, provided the agreement was properly executed and meets legal requirements.
The agreement typically governs:
- Property division – how assets and debts acquired before and during marriage are split
- Spousal support – whether alimony will be paid and in what amount
- Business interests – protection of business assets and future earnings
- Inheritance rights – treatment of inherited property and family heirlooms
However, certain elements like child custody and support cannot be predetermined in a prenup, as these must be determined based on the child’s best interests at the time of divorce.