How Pre-Nups May Affect Divorce Outcomes for Stay-At-Home Moms in Oxford MS

by | Jun 13, 2013 | Lawyers

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Divorce is particularly difficult for stay-at-home moms. The majority of these women don’t have their own income, since they’ve spent most of their time caring for the children and home. Some may have worked from home, but likely did not make as much money as their husbands. Regardless, these women begin divorce proceedings at a financial disadvantage, especially if they are subject to any pre-nuptial agreements. If you are facing Divorce Oxford MS, and you’re a stay-at-home mom, a qualified divorce lawyer is a necessity.

It’s your divorce lawyer’s job to protect your best interests. She will help make sure that you can survive financially after the divorce. There may be disputes over cash, property, or other assets. Even if you’ve signed a pre-nuptial agreement, it doesn’t guarantee a poor financial outcome in the event of your Divorce Oxford MS. Your lawyer will make every possible effort to argue your case before the judge. There are many reasons why courts don’t always uphold pre-nups.

A pre-nuptial agreement may not be valid if you signed it under duress. Your lawyer will need some sort of proof to make this argument. For example, if your pre-nup was signed only a couple days before the wedding, that may raise suspicions. Ideally, a pre-nup should be signed a couple months before the wedding takes place. Even if a pre-nup was signed well in advance, it may be invalid if each party did not have his or her own legal representation at the time.

Pre-nups are often drafted to protect the assets of a higher-earning spouse. However, a pre-nup ultimately should safeguard the financial security of both parties. Pre-nups may not hold up in court if the judge deems them unfair. For example, a judge may dismiss a pre-nup in which a low-earning spouse waives the right to alimony from a high-earning spouse. If the high-earning spouse kept any of his assets secret, this is also a problem. A valid pre-nup requires full financial disclosure.

Many stay-at-home moms are ill-prepared for financial independence following a divorce. If there’s no family to help with housing and other necessities, the situation can look quite bleak. Pre-nuptial agreements further complicate financial matters in a divorce. However, there are professionals who recognize the importance of your welfare. Monapittmanlaw.com is a good place to start if you are looking for a caring and compassionate Mississippi divorce lawyer.

Visit online for more details.

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