Getting Married with Children? What you Need to Include in Your Prenuptial Agreement

Getting married can be a financially complicated affair. This is especially true if one or more of the spouses have children from a previous marriage or relationship. In these situations, a great many future legal conflicts can arise concerning the rights of children from prior marriages versus those of the children in your new family in the event of a divorce. Getting a well-drafted prenuptial agreement can eliminate these kinds of problems.

Alabama Prenuptial Agreements

Prenuptial agreements are needed in situations where people want to protect the assets that they had prior to getting married. If a spouse has children from a prior marriage, they may want a prenuptial agreement that identifies certain assets that are in need of protection in the event of a divorce. A prenuptial agreement is also useful in preserving a spouse’s existing estate plan by identifying specific assets and heirlooms that are not considered part of the marital estate so that they can be passed on to their children when they die.

Prenuptial agreements are usually considered valid in Alabama if all of the rules are followed. Alabama has not adopted the rules outlined in the Uniform Prenuptial Agreement Act. However, Alabama prenuptial agreement rules require that each spouse fully disclose their financial situation prior to reaching an agreement. A prenuptial agreement does have certain limitations when it comes to the rights of children. Child support and child custody issues can’t be decided with a prenuptial agreement. These are issues for the courts to decide at the proper time. Huntsville divorce lawyers can explain this to you in further detail.

The Huntsville family law attorneys at New Beginnings Family Law, P.C., can help you with every aspect of drafting an effective prenuptial agreement.