Mobile, AL – Some couples can greatly benefit from a prenuptial agreement. This will make the transition out of the marriage much easier if there is ever a divorce, and the document can also provide peace of mind that both spouses will have their property and financial interests protected. The terms premarital and prenuptial agreement are sometimes used interchangeably to describe these types of contracts.
Premarital agreements in Alabama
Under Alabama law, a premarital agreement is generally meant to assist each spouse in separating their property, and protecting it from liquidation or being awarded to the other spouse in the event of a divorce. Couples who are marrying later in life and have large amounts of wealth, property, and assets can obviously benefit from these kinds of agreements, but they are useful for anyone who wants some extra protection before marriage. It is normal for a person who has business interests, prior marriages, or a recent inheritance to want some kind of legal protection through a prenuptial agreement. An appreciation in value in investments can also be significant over the course of a marriage, and one spouse may want to retain these financial gains.
There are a number of requirements for the agreement itself to be drafted in accordance with state law and honored by the family law courts. The procedure to enforce this document in Alabama begins with the couple who wants to present evidence of the prenuptial agreement filing a complaint. They must prove one of two points to have the courts consider it to be a valid and legally binding contract. Either the spouse who signed the agreement must have believed it was fair at the time of signing, or the other spouse had a full disclosure of assets available to them, and they still chose to voluntarily enter into the prenuptial agreement. The practical effects of the agreement on one spouse’s financial situation are not a factor in the court’s determination. This means that even if one spouse is much better off financially than the other after the marriage, the court will still enforce the agreement as long as it meets the other requirements.
The effects of the agreement on children
Alabama law does not allow issues like child custody or support payments to be included in a prenuptial agreement. These will still need to be decided in a separate hearing by a family court judge in the appropriate venue.
Learning more about issues related to marriage and divorce
Attorneys who are passionate about family law issues and helping couples reach their goals are available in the Mobile area. Jackie Brown is an experienced family law professional who helps local clients.
Firm contact info:
74 Midtown Park W, Ste. 100, Mobile, Alabama 36606