Prenuptial/Postnuptial Agreement Lawyer in Homewood
Depending on who you talk to, you can get vastly different perspectives on prenuptial and postnuptial agreements. While some believe that they are a sign that you’re betting on the end of your marriage, others understand the practicality of these agreements and the need to protect yourself against whatever the future may hold.
Despite their sometimes-controversial nature, prenuptial and postnuptial agreements in Homewood, AL are an important part of preparing for marriage. Societal attitudes are beginning to shift, and people are realizing that a marital agreement isn’t preparing for divorce—it’s simply acknowledging the realities of life. You never know what the future holds, and if something should threaten the future of your marriage, you want to know that you are protected.
Our team understands the sensitive nature of prenuptial and postnuptial agreements, and we work to handle these issues in a thoughtful and client-focused manner. Schedule a consultation with Kirk Drennan Law today by calling us at 205-803-3500.
Understanding When You Need a Prenuptial or Postnuptial Agreement
Prenuptial and postnuptial agreements largely serve the same purpose. They outline how assets and legal matters are to be handled if a marriage should end. However, a prenuptial agreement can only be drafted, agreed to, and signed before the legal start of a marriage. A postnuptial agreement is drafted and signed after a couple has already gotten married.
You may wonder if your particular situation calls for a prenuptial or postnuptial agreement. There’s a common misunderstanding that these agreements are only helpful for those with a massive amount of assets or a shaky marriage. This isn’t true. Prenuptial and postnuptial agreements are useful in a wide range of situations, including:
- When one or both parties have children from previous relationships
- When one or both parties are business owners, particularly if either owns part of a family business
- Either party has been married and divorced in the past
- One party has received a large inheritance or is expected to receive a large inheritance
- One party has a large net worth or a sizable amount of assets that they want to protect as they enter a marriage
Postnuptial agreements are less common than prenuptial agreements, but they are also useful in several different situations. If a couple’s financial situation changes drastically during the course of a marriage, either due to a career change, an inheritance, or another circumstance, a postnuptial agreement can set clear boundaries about how that money is to be handled in the case of a divorce.
If there is infidelity or difficult times in the marriage, a postnuptial agreement can give the mistreated partner peace of mind if things should go wrong in the future. Changes in the family makeup—for example, a recently discovered biological child or heir—can also trigger the need for a postnuptial agreement.
What’s Included in Prenuptial and Postnuptial Agreements?
Although they differ in several key ways, prenuptial and postnuptial agreements largely cover the same topics. Some of the key issues discussed in these agreements include:
- Division of assets and property
- Specific instructions regarding how businesses are to be handled and split up if divorce should occur
- How assets should be handled if one spouse passes away during the course of a marriage
- Alimony and spousal support
There are some things that you’ll notice are not on that list—namely, child custody and child support. These are considered outside the scope of a prenuptial or postnuptial agreement because they involve a child, a third party whose rights cannot be limited or determined by a contract signed by other parties. When a couple divorces, a child has the right to a parenting agreement that serves their best interests. They also have the right to be fully financially supported by both parents. A prenuptial or postnuptial agreement cannot override these rights.
On top of that, there are other factors that may make the court take a closer look at a prenuptial or postnuptial agreement to determine whether or not it is enforceable. If an agreement appears to be signed under duress, coercion, or undue influence, the court may choose not to recognize or honor the agreement. This protects a financially destitute partner from being taken advantage of by a partner with greater access to assets and legal assistance.
The court will also look for any signs that an agreement is so heavily one-sided that it cannot be considered fair and just. An agreement that leaves one party financially destitute and unable to support themselves at all is unlikely to be viewed favorably by a judge.
Advantages of Prenuptial and Postnuptial Agreements
When deciding whether or not to pursue a prenuptial or postnuptial agreement, it can be helpful to look at the advantages these agreements provide. Some of the main benefits of a nuptial agreement include:
- Set clear boundaries regarding how finances will be handled and allocated
- Give one partner peace of mind if they plan on staying at home to care for the home or the children
- One partner has significantly more debt and the other partner is worried about it becoming their responsibility after a divorce
- There are any uncertainties about financial disparities in the marriage
- Quick and clear decisions regarding support and asset division in the event of a divorce
How Our Team Can Help You
At Kirk Drennan Law, we know just how beneficial a prenuptial or postnuptial agreement can be to a Homewood, AL couple. On the flip side, we also know how these types of discussions and decisions can be difficult on a couple getting ready for marriage or discussing their options after getting married. We take a sensitive approach to prenuptial and postnuptial agreements, ensuring that no one feels as if they are planning for the end of a marriage.
As we work on your agreement, we’ll discuss each option with you, get an understanding of what matters most to you in each situation, and draft an agreement that protects your best interests. Every step along the way, we’ll review our work and ensure that the agreement will be found enforceable by the court. The result is a fair, clear agreement that allows you to go into marriage with peace of mind and hope for the future.
Schedule a Consultation with Kirk Drennan Law Now
If you’re ready to start working on your prenuptial or postnuptial agreement, let’s set up a time to talk. Our team is here to help. Call us at 205-803-3500 or contact us online to schedule a consultation.