Prenuptial & Post-Nuptial Agreement Lawyers
Many people think that once you are married, all of the property you acquire is now jointly owned. This is perhaps especially true when the couple in question share a bank account. It is important to note that not only is this not necessarily the case, but there are also certain protections you can put into place to help safeguard property or inheritances that you wish to keep separate from marital property. This can be done through prenuptial agreements and post-nuptial agreements. And while these tend to be fairly reviled in pop culture, it should be noted that they are an incredibly useful tool to keep in mind.
If you are thinking about putting a prenuptial or post-nuptial agreement into place in Alabama, you should reach out to an experienced attorney who understands how to ensure that the agreement is legally enforceable and likely to be accepted by the court. The Bloomston Firm offers clients a legal team ready to levy the entirety of its experience and expertise behind them. When you decide to hire the The Bloomston Firm, you’re making the decision to settle for nothing less than the very best. Our Alabama prenuptial and post-nuptial agreement lawyers can help ensure that your rights are protected.
What is a prenuptial agreement?
As the name implies, prenuptial agreements are agreements that are put in place before the nuptials (wedding) take place. These contracts are signed by both parties in question and are designed to help protect things like property division should the marriage end in divorce. Sometimes they are also used to help settle other legal questions such as child support, child custody, and spousal maintenance. Prenuptial agreements are, unfortunately, not used as often as they should be. Remember that a prenuptial agreement isn’t about anticipating a divorce, it’s simply about safeguarding yourself in the event that life takes an unexpected turn.
What is a post-nuptial agreement?
A post-nuptial agreement is a legal agreement that is filed after the parties in question are married. Some people think that it means an agreement that takes place after the marriage itself ends, but that is not the case. You can file a post-nuptial agreement while you are still married, and they are used to help protect the same kinds of things described above in the section about prenuptial agreements. They are often used if one party of the marriage comes into an unexpected inheritance, for example, which they would like to keep safe in the event that the marriage ends.
Are all prenuptial and post-nuptial agreements enforceable?
One common misconception is that all agreements, be they prenuptial or post-nuptial in nature, are enforceable and that the court system will have no choice but to adhere to them. This is not the case. In fact, this is one of the reasons why investing in an experienced attorney is so important. During a divorce hearing, the court will deliver a decree that they ultimately find to fair to both parties. This is true whether there is a prenuptial or post-nuptial agreement in place. The court has the ability to rule against the agreement should they believe it is the best option for the parties.
With the above in mind, it is important to understand that there are a variety of reasons why an agreement might be found to be unenforceable. The agreement must meet certain guidelines and be deemed “fair” to both parties. In addition, it must be obvious that both parties who signed the agreement were given information about all of each other’s assets and liabilities. The best option when crafting a prenuptial agreement or post-nuptial agreement is for each party to retain their own counsel who can look over the agreement and make sure that their client understands it.
When it comes to post-nuptial and prenuptial agreements, lawyers are absolutely vital. They understand what is likely to be deemed enforceable and what isn’t, and can guide you accordingly. If you are looking to place a solid agreement in place, then it is in your best interests to hire an experienced Alabama attorney.
For more information about how to file a post-nuptial or prenuptial agreement in Alabama, and how the attorneys at The Bloomston Firm can help you – contact us today!