Birmingham Prenuptial & Postnuptial Agreement Lawyer
Marriage is complex and beginning your union with a prenuptial agreement or postnuptial agreement can clear up misunderstandings and clarify your position. Although no one gets married with the intent to divorce, it is impossible to predict the future. As you plan for other potential scenarios that may arise, it is important to do the same when it comes to your marital assets, future income, and other property. Below, our Birmingham prenuptial & postnuptial agreement lawyer outlines when you may need one of these contracts, and how to prepare one.
What is a Premarital Agreement?
A premarital agreement is mainly used to deal with property issues in the event the couple gets divorced. Premarital agreements are drafted and signed before the marriage, and this is always preferable. Many people do choose to draft a premarital agreement because they have a significant amount of wealth they want to protect. However, there are other instances in which these contracts are beneficial, and they include:
- One party has a significant amount of debt, or knows they will incur debt, such as a student loan, in the future,
- One or both parties have an interest in a family business,
- One party owns their own business,
- One partner expects a future inheritance,
- One party has children from a previous relationship, and
- One or both parties have divorced in the past and want the peace of mind a prenuptial agreement can bring.
What is a Postnuptial Agreement?
Postnuptial agreements address the same issues as premarital agreements. The biggest difference is that these contracts are signed after the marriage. Postnuptial agreements are less common than prenups, but they are becoming more popular due to the benefits they bring. These contracts are appropriate when:
- There is trouble in the marriage,
- One party has learned of a significant inheritance they will receive,
- One partner plans on starting their own business, and
- The idea of an agreement is more agreeable once spouses have settled into the marriage.
What Cannot Be Included in a Prenuptial or Postnuptial Agreement?
Neither prenuptial or postnuptial agreements cover every detail of how a marriage or divorce will work. These documents specifically address monetary issues, and not personal concerns. As such, there are certain concerns that cannot be addressed in these contracts and they include:
- Child custody and support,
- Personal concerns, such as the division of parenting duties or household chores,
- Any agreement made under duress or coercion, and
- Any term that encourages divorce.
If a prenuptial or postnuptial agreement includes any of the above elements, a judge may set those terms aside and not enforce that portion of the agreement. In some cases, a judge may decide to set the entire agreement aside if it contains issues that are not enforceable.
How Our Prenuptial and Postnuptial Agreement Lawyer in Birmingham Can Help
At Peeples Law, our Birmingham prenuptial and postnuptial agreement lawyer can draft an agreement that is fair and enforceable by the courts. If you are getting married or are currently married and feel you need additional protection, call us at 205-403-5577 or contact us online to schedule a consultation.
