When a couple decides to get married, there is a lot of planning to do for the wedding, newly-engaged couples are focused on the long and happy marriage ahead of them and the furthest thing from their minds is a prenuptial agreement.
To most people a prenuptial agreement plants the seed that you may not think the marriage will last, the reality is that your marriage will end, whether by divorce or by death, and when either of those events occur in your marriage you will quickly learn that marriage is a legal relationship, not just a romantic relationship.
If you're considering a prenuptial agreement, you'll want to consult a Birmingham Family Law Attorney to determine if you need a prenuptial agreement, and if you decide you want a prenup, how to have one written that is enforceable under Alabama law.
While a discussion about a prenuptial agreement may not be the most romantic conversation you'll have with your future spouse, it may be one of the most important conversations you'll have with your future spouse.
Most people think that a prenup is only necessary if you are wealthy. There are other situations where it is in your best interest to have a prenuptial agreement as well.
Here are some situations where you might want to consider getting a prenuptial agreement.
If you own a business, especially if you have business partners. If you get divorced you probably don't want your ex-spouse to own part of your business.
If you will be supporting your future spouse through college paying tuition or will be contributing towards paying off your spouse's student loans. If you get divorced in a few years, you'll want to address the thousands of dollars you've paid for your ex-spouse's education.
If you and your spouse agree that once you have children one of you will quit your job and stay home to raise the kids. The caregiver may struggle to find employment having taken time off from their career; a prenuptial can address how you'll be compensated fairly for taking care of the family.
If you're getting remarried and you have children or you have significant assets that you want to protect such as a home. In the case of divorce or death, a properly structured prenup will take care of all of your loved ones according to your wishes. In the event of a divorce, a prenup can protect the assets you brought into the marriage.
If you're marrying someone with a lot of debt, you don't want to be responsible for their debt in the event of a divorce; a prenup can address this issue in advance.
You may not be as well off financially as your spouse and you want to ensure that you are well taken care of in the event of a divorce.
If you are wealthy and have an estate plan, a prenuptial agreement adds another layer of protection, ensuring that your estate plan is carried out in the event of your death.
As with any legal contract a prenuptial agreement has to follow specific guidelines to be enforceable. If you're going to have a prenuptial agreement it is important that you have a Family Law Attorney handle it for you.
Prenuptial agreements most commonly focus on property division in the event of divorce of death, both spouses will have to fully disclose their finances including assets and liabilities.
It is advisable that each spouse be represented by their own Birmingham Family Law Attorney; otherwise the courts may find that prenuptial agreement to be invalid.
If you are considering a prenuptial agreement or your future spouse has asked you to sign a prenuptial agreement please call our prenuptial agreement attorney Steven Eversole to negotiate or create a prenuptial agreement for you. If you have signed a prenuptial agreement and would like to know if it is enforceable, our family law attorneys would be happy to assist you as well.
Contact Birmingham Family Law Attorney Steven Eversole at Eversole Law LLC by calling (866) 831-5292 for a free initial consultation.