Every married person has a prenup. Either your own valid prenup or state divorce laws (by default) will control the outcome of your divorce.

by Jonathan C. Noble, Esq. April 16, 2020 3 minute read

If a marriage ends due to divorce, every married person will either be subject to state divorce laws or subject to the terms of their own valid prenuptial agreement.

Either state divorce laws OR your own valid prenup will determine the outcome of your divorce and post-divorce life.

If you think about it, every married person has a prenuptial agreement in place. Smart couples negotiate and enter into their own valid, written prenuptial agreement. It is usually best for each person to choose and to hire an experienced attorney to draft, negotiate and execute a prenuptial agreement. Prenuptial agreements are not a Do-It-Yourself legal matter.

If you get married and the marriage becomes non-functioning, and you have not negotiated and executed your own valid prenuptial agreement, your legal rights and responsibilities will be governed by state divorce laws. So, in other words, without your own valid prenup in place, you will be subject to a “default prenup” also known as state divorce laws.

It takes time to draft and execute a valid prenup. Start the prenup process early.

Thinking about getting engaged? Do not be afraid to initiate the conversation about putting a valid prenup in place. In the event your marriage becomes non-functioning, a valid prenup can save you time and extensive costs in getting through the divorce process. I suggest that prenups be drafted and properly executed BEFORE any wedding plans are made. There should not be any time or other pressures placed on either person during the prenup process. Each person should have legal counsel of their own choosing.

Every person who marries has a prenuptial agreement. Either your own valid prenup or state divorce laws. GOOD NEWS: YOU CHOOSE.

I believe marriage is an important, life-changing consideration. I also believe everyone should be informed about their rights and responsibilities in the event the marriage becomes non-functioning. I invite your inquiry. Feel free to contact me at jonathancnobleesq at gmail.com or give my office a call (610) 256 4843. I look forward to hearing from you.

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A short video explaining how state divorce law becomes your “premarital agreement” if you do not execute your own valid premarital agreement.