A prenuptial agreement is a contract that is created prior to a marriage that establishes who owns what so that in the event of a divorce, there is no question as to how these assets will be divided. For instance, if one party is entering into a marriage with a substantial amount of money they earned over the course of their career, they may not wish to have this subjected to division if their marriage doesn’t work. Now, although prenuptial agreements were once common among wealthier couples, they are actually being utilized by couples with fewer assets.
Contesting a Prenuptial Agreement During the Divorce Proceedings
Before a prenuptial agreement can be created, the agreement must be fair and both parties involved must agree to the terms set forth in it. There are likely a few other requirements that must also be met before the contract is deemed valid. Now, in the event a marriage doesn’t work out, it is then that the prenup be revisited during the divorce proceedings. While most prenuptial agreements hold up in court, there are times when they can be contested.
For instance, if a spouse claims during the divorce proceedings that he/she was rushed or pressured into signing the prenup before their marriage, the court will then need to determine if the terms set forth in the contract should be upheld.
Meghan King Edmonds Contests Prenup During Divorce from Retired Baseball Player Jim Edmonds
E! News recently reported that Meghan King Edmonds is contesting the prenup she and her husband Jim Edwards signed prior to getting married. While Meghan says she encouraged Jim to get a prenup, she is contesting its terms and the spousal support she would receive from her husband. A rep for Jim has spoken out to address Meghan’s action s and has stated that “Despite any claims being made, both Meghan and her attorney at the time reviewed the agreement several weeks before the wedding and everyone involved agreed to the terms.”
Are there certain issues in your divorce that you and your spouse cannot come to terms on (i.e. spousal support, your prenuptial agreement, the division of assets, etc.)? If so, you should consider consulting with an Alabama divorce lawyer at Hill, Gossett, Kemp & Hufford, P.C. so the issue can be sorted out and your divorce is closer to being finalized.
Disclaimer: No representation is made that quality of legal services provided is greater than the quality of legal services provided by other attorneys.
Hill, Gossett, Kemp & Hufford, P.C. can be reached at:
2603 Moody Parkway, Suite 200
Moody, Alabama 35004
Phone: (205) 640-2000
7900 Parkway Drive
Leeds, AL 35094
Phone: (205) 699-5500
6441 U.S. Highway 11
Springville, Alabama 35146
Phone: (205) 467-2225