Are there any ways to avoid court ordered division of property upon divorce?
A valid premarital agreement is a factor considered by the court in deviating from the presumption of a 50/50 split of property. A premarital agreement sets out the rights and obligations of each party to the marriage in the event of death or divorce. Such agreements are enforceable provided that there is no evidence of fraud, duress, mistake or misrepresentation, provided that the agreement is not unconscionable, and provided that the facts and circumstances of the parties have not significantly changed since the agreement was executed.
