Once touted as the wealthy society’s prerequisite to marriage, prenuptial agreements have become commonplace, and are often created before first or subsequent marriages as a means of reassuring both soon-to-be spouses and their children that each party’s assets are protected. Prenuptial agreements can be used in the event of divorce, death, or to establish other postnuptial agreements.

A prenuptial agreement is a written agreement formed between spouses before they exchange marital vows. Prenuptial agreements often address property settlements in the event of divorce, and may include other legal issues, such as additional obligations that will arise during marriage. Alabama law requires certain procedures during the formation of a prenuptial agreement, such as full financial disclosure between the parties. Alabama law also prohibits prenuptial agreements if they are not truthfully represented.

Prenuptial agreements are formed with an intent to marry, and as such do not become valid unless and until the marriage takes place. If the marriage does not occur, the prenuptial agreement is not validated, which means, in short, that it never becomes a contract. There are situations however where a promise to marry must be reviewed by a lawyer.

If a prenuptial agreement must be enforced in the event of divorce, courts carefully scrutinize the agreement to determine if it is just and reasonable. A court can consider the process by which the agreement was formed, as well as the terms of the agreement. A court can question whether each party had separate legal counseling before signing the agreement, whether the agreement appears one-sided, and whether full financial disclosures were made.

A court can refuse to enforce portions of a prenuptial agreement, as well as the entire agreement. If assets were hidden, the court may invalidate the agreement. Perhaps even more alarming is the fact that courts can (and do) uphold agreements that were created hastily or signed shortly before marriage.

To ensure that your prenuptial is valid and that your rights are protected, it is always advisable to consult with separate attorneys before entering into a prenuptial agreement. Eversole Law offers a free initial consultation. Please consider contacting his office before you sign anything.