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When prenups make divorce harder, not easier 

Dividing wealth after a long marriage is never easy. But when there is a prenup involved, you might expect things to go a little smoother. Unfortunately, that is not always the case, especially when the agreement feels outdated, one-sided or unfair. 

You may have signed it years ago, thinking it would protect both of you. But fast forward to today, and the same document can now trigger even more stress, arguments and unexpected legal battles. If you are going through a high-asset divorce, you may suddenly experience more problems than solutions. 

The document that was meant to protect you 

Prenuptial agreements are meant to set expectations early. However, life changes — sometimes a lot. In such situations, cracks may start to show up. There are many reasons why prenups may backfire, including: 

  • Outdated terms: The agreement may not accurately reflect the growth of a business, new income streams or your role in building wealth during the marriage
  • Unfair balance: If one of you had more bargaining power back then, the deal might now feel lopsided. Courts sometimes look at this, especially if one side gave up more than they understood. 
  • Missing pieces: Some prenups leave out important topics like spousal support or future investments. This opens the door for fresh disputes. 
  • Emotional weight: Beyond legal issues, prenups can carry emotional tension, especially if one person feels betrayed or misled. 

Even if the prenup was intended to avoid conflict, it can still cause confusion and resentment when things no longer seem fair. It helps to have someone walk you through what the prenup means for you now, and not just what it meant then.  

When the past affects your next steps, it is best to consider fresh legal guidance to help you navigate a high-asset divorce, where more is at stake, including properties, businesses and future earnings.