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6 Prenup Myths Debunked (Pt. 2)

Posted By Legal Team | March 20 2017 | Prenups & Postnups

Resuming 6 Prenup Myths Debunked (Pt. 1), here, we will continue exposing the truth behind some widespread misconceptions about prenuptial agreements.

Don’t Believe These Common and Costly Prenup Myths

Myth 3 – A Prenup Will Only Protect the Person with More Money.

FACT – False! Prenups that are one-sided and grossly unfair to one spouse at the expense of another can be invalidated in court (as it can be argued that these prenups represent “unconscionable contracts”). Similarly, prenups that contain inaccurate information about one spouse’s assets, debts, and general financial standing can also be thrown out by the court.
What this, in turn, means is that prenups must generally be fair, as well as voluntarily signed (and dated) by both parties. It also means that prenups cannot put one party at a significant disadvantage while the other party gets all of the benefits.
So, if you think that your well-to-do fiancé is the only one who will benefit from a prenup – think again. You may also have something to gain from signing that prenup – and you find out if signing a prenup is in your best interests by consulting with an experienced family law attorney like Scottsdale Family Lawyer Karen A. Schoenau.

Myth 4 – Signing a Prenup Can Prevent Me from Getting Child Support Later.

FACT – No! Although prenups can cover a lot of ground when it comes to marital financial responsibilities, as well as the division of property in divorce, prenups cannot get one party out of paying for child support in the event of a divorce. In fact, should prenups contain provisions regarding possible future child support obligations:

  • These provisions can be thrown out.
  • Entire prenups can be invalidated.

The reason for this is that Arizona law stipulates that both parents are responsible for providing sufficient financial support to care for their child(ren). A prenup will not release either parent of this responsibility in the event of a divorce.
Check out the upcoming conclusion to this blog series for some more truths behind common prenup myths.

Scottsdale Divorce Attorney at the Law Office of Karen A. Schoenau

Do you need help developing a prenuptial or postnuptial agreement? Or is a prenup going to be an issue in your upcoming divorce? If so, you can rely on Scottsdale Divorce Attorney Karen Schoenaufor honest answers and experienced help. For nearly three decades, Karen Schoenau has been committed to providing her clients with effective representation to help them resolve their important family law matters, including complex divorce cases.
Dedicated to providing the highest-quality legal services at reasonable rates, Scottsdale Divorce and Family Law Attorney Karen Schoenau will always work relentlessly to help her clients bring their cases to successful resolutions.

Contact an Experienced Arizona Divorce Lawyer Today

To receive professional advice and learn more about how we can help you, schedule an initial consultation with Attorney Karen Schoenau. You can set up this meeting by calling (480) 209-1918 or by emailing us using the drop-down contact form at the top of this page.
From her offices based in Scottsdale, Attorney Karen Schoenau represents clients throughout the metropolitan Scottsdale area, including Scottsdale, Mesa, Surprise, Maricopa County, Pinal County, Gila County and throughout the state of Arizona.

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