Mountain Brook Prenuptial and Postnuptial Agreements

When you get married, you envision being together for the rest of your life—for better or for worse. But no matter how your marriage begins, it is impossible to predict what will happen in the future. Signing a prenuptial agreement doesn’t mean you’re planning for divorce. It means you’re being realistic about the wide range of circumstances that could affect your marriage, and you want to be protected whatever the future may hold. A postnuptial agreement offers many of the same protections as a prenuptial agreement.

If you’re ready to discuss your prenup and postnup options, let’s talk. Call Kirk Drennan Law at 205-803-3500 to schedule a consultation now.

When You Need a Prenuptial or Postnuptial Agreement

You might not even be sure if you need a prenuptial agreement or not. That’s one area our legal team can help you—many people believe that prenuptial agreements are only useful in very limited circumstances, when they are actually useful tools for a wide range of situations. Some of the circumstances under which a prenup might be recommended include:

• You or your partner have accumulated substantial wealth prior to getting married
• You or your partner have been married before and want extra protection after a failed first marriage
• You or your partner have children from a prior marriage, and you want to ensure that their needs are met
• Either of you own one or more businesses, especially a family business
• One of you expects to inherit property or assets after a family member passes
• One party has significantly more debt than the other
• You expect a significant disparity between your income levels, or you and your partner have an arrangement where one of you will stay at home as a homemaker

 

Postnuptial agreements are useful in many of the same situations, but since they are drawn up after a marriage begins, they may also be suitable for other unique circumstances. You might consider a postnuptial agreement if:

• You and your spouse eloped or married in a hurry and did not have time to draw up a prenuptial agreement
• You or your spouse start a new business or career venture and want to protect your earnings from possible legal issues
• One partner was unfaithful during the marriage, and the other spouse requires a postnuptial agreement in order to stay in the marriage
• Previously undisclosed debts or assets come to light, and a postnuptial agreement would protect either party from possible issues

 

Prenuptial agreements and postnuptial agreements are touchy subjects for many couples, so you may wonder if one is necessary in your case. Additionally, prenuptial agreements are strictly limited in what they can and cannot decide. For example, child custody decisions cannot be enforced based on a prenuptial agreement. That’s why it’s recommended that you speak to an attorney if you have any questions about what will best protect you in the future.

Are These Agreements Legally Enforceable?

If you start talking to people about prenuptial agreements in Mountain Brook, AL, you’ll hear all sorts of stories. Someone’s brother had a prenuptial agreement to protect his assets, only for the court to find it unenforceable and render it null and void. Someone else signed a prenuptial agreement without fully reviewing it and lost everything they’d built during the course of the marriage. These types of issues come up because the court takes a long, hard look at every prenuptial agreement before enforcing or not enforcing it.

As you can imagine, it can be easy to coerce someone into a prenup. A wealthy partner may go through wedding planning, tell family members, get invitations sent out, and then “surprise” their partner with a prenuptial agreement they’re expected to sign. Faced with the option of getting their heart broken and embarrassing themselves in front of everyone they know or signing the agreement, the other party might sign it under coercion. This may also happen if one party comes to the United States on a fiancée visa and faces deportation if they do not sign the prenuptial agreement.

The court does not look kindly upon agreements that heavily favor one party and leave the other party with nothing. If an agreement is that skewed, they are likely to say it is unenforceable. If there’s any sign that the other party was forced or coerced to sign it, the court may also render the agreement null and void.

That’s why it’s crucial to cover your bases before signing anything. Both parties should have their own legal counsel to advise them on the terms of their prenuptial agreement and help them understand what every single line means. Only when both parties fully consent to the terms of the agreement can it truly stand up in a court of law.

How We Can Help with Your Prenuptial or Postnuptial Agreement

The team at Kirk Drennan Law knows that a prenuptial or postnuptial agreement can bring you peace of mind when you’re making one of the biggest decisions in your life. We also know that these agreements go through intense scrutiny when they come up in court, and we have the experience needed to ensure that your document is legally enforceable and fair.

We can help with all aspects of a prenuptial or postnuptial agreement. If you’re interested in protecting your assets, we can create and draft agreements that meet your needs. If your fiancé or fiancée is requesting an agreement, we can review it and ensure that the terms are fair to you. If your marriage ends, we are here to help you enforce an agreement or argue for it to be set aside if it is unenforceable.

This is an extremely complex area of family law, and you don’t want to risk your future by trying to write your own prenuptial or postnuptial agreement. Give yourself the gift of peace with a professionally drafted and reviewed agreement.

Schedule a Consultation with Kirk Drennan Law Now

If a prenuptial or postnuptial agreement is in the cards for you, let Kirk Drennan Law help. Schedule a consultation with our team now by calling us at 205-803-3500 or contacting us online.