Prenuptial vs Postnuptial Agreements in Alabama

Couples engaged to be married may enter into premarital agreements to waive rights such as alimony or property division claims which otherwise could be asserted in the case of a divorce. To be valid in Alabama, such agreements must be fair, voluntary, and based on adequate knowledge of what is being waived. Adequate knowledge involves a fair and accurate disclosure of a party’s assets to the party waiving his or her right to those assets. And a prenuptial agreement must be in writing, the court has authority to determine if the agreement complies with these requirements and whether the agreement is enforceable. The courts must scrutinize a prenuptial agreement in determining whether it is fair and reasonable.

Reasons for a Prenuptial Agreement in Alabama

There are a number of reasons that you may want a prenuptial agreement. A lot of people think that that prenuptial agreement are only for the very wealthy, but any couple with assets, debt, potential business interests, or children from another relationship might benefit from one of these agreements. Most commonly, a prenuptial agreement is prepared to ensure that you won’t lose the assets and financial interests that you had prior to the marriage. It can also help protect an inheritance for children you had prior to your current marriage. You may have a small business or other financial interests that you expect will grow during the marriage; a prenuptial agreement can help protect these types of assets from division in the event of divorce. A postnuptial agreement is similar to a prenuptial agreement but is entered into after the marriage.

Contact Our Huntsville Prenuptial and Postnuptial Attorneys at New Beginnings Family Law Now

At New Beginnings Family Law, we understand how stressful and devastating a divorce and child custody issues can be for a family. Our team is committed to providing a caring and comfortable environment where you can feel safe to talk about your case and your goals for the future.