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Is An Uncontested Divorce Possible In Southern California If The Couple Has A Prenuptial Agreement?

In the last few months, countless Hollywood marriages have gone up in smoke.  From Ben Affleck and Jennifer Garner’s decision to end their 10-year marriage, to the end of Gwen Stefani and Gavin Rossdale’s 13 year marriage, to Kaley Cuoco’s decision to dissolve her 21 month long marriage to Ryan Sweeting, over the last few months a slew of celebrity couples have filed for divorce. 

According to most reports, the parties involved reportedly signed prenuptial agreements, which, in a perfect world, would simply the divorce process. If both parties willingly signed the agreements, and agree to custody and/or support issues, they should be able to proceed with an uncontested divorce. That’s not to say that these dissolutions will be uncontested; however it is possible.


More About Prenuptial Agreements in Southern California

There are countless reasons that people choose or refuse to sign prenuptial agreements, but at the core of every prenup is a desire to prevent financial disputes by protecting each spouse’s assets.  Prenuptial agreements (“prenups”) are written agreements entered into and signed by engaged couples. The prenup takes effect when the couple gets married. They typically cover the way in which property and assets will be divided or allocated if and when the couple divorces. The couple can agree, in a prenup, to modify or even give up rights to spousal support in the event of divorce (as long as the result is not unconscionable). Each spouse can also agree, in the prenup, to change the nature of separate or community property. Prenups are becoming ever more popular in Los Angeles, and not just amongst the Hollywood elite. 

It is worth noting however, that prenuptial agreements in California do have limitations.  For example, they cannot be used to determine and/or regulate child custody or child support amounts.  If the divorcing parties cannot agree to child support terms or custody, the divorce will, by default, become a contested divorce. 

Simply Divorced & Prenups

If you and your soon to be ex-spouse have signed a prenuptial agreement, and you agree to support and/or custody issues, an uncontested divorce is still possible in Los Angeles. At Simply Divorced, we work hard to complete your uncontested divorce without the added stress, expense or time that is normally associated with the divorce process.Should your divorce become contested at any time during the process, we are happy to continue to represent you, for an additional fee.

We encourage you to contact our award winning, experienced family law attorneys to see if your divorce may be handled as an uncontested divorce, even if there is a prenuptial agreement in place.  We will be happy to answer your questions, and get you started on the path towards ending your marriage in greater Los Angeles. 

At Simply Divorced, we help you get divorced simply and inexpensively, without taking on the aggravation of handling the paperwork and legal requirements on your own. We are happy to answer any questions you have about our services. Please contact us today, and we'll help you to begin the process.