Prenuptial/Postnuptial Agreement Lawyers in Birmingham, Alabama
Marriage is complicated and starting your union with a prenuptial agreement or clarifying your position with a postnuptial agreement can clear up any misunderstandings. While no one gets married planning to divorce, no one can predict the future. You plan for every possible scenario in other parts of your life—it just makes sense to do the same when your assets, future income, and property.
Looking for help with your prenuptial or postnuptial agreement in Birmingham? The team at Kirk Drennan Law is here to draft an agreement that protects your rights and reflects your best interests. Set up a consultation now by calling us at 205-803-3500.
When You Need a Prenuptial Agreement
While you can always move to add a postnuptial agreement after you get married, clarifying your expectations and concerns before you get married is always preferable. This ensures that both parties are going into the marriage knowing exactly what to expect from each other.
There are some common misunderstandings about prenuptial agreements in Birmingham. While most people do go this route because they have significant assets they wish to protect, there are a wide range of other situations in which a prenuptial agreement may be recommended, including:
- One partner has a significant amount of debt or plans to take on a lot of debt
- One or both partners have a stake in a family business
- A future inheritance is expected by one partner
- One partner has children from a previous marriage or relationship
- One partner has previous divorces and wants the peace of mind that comes with a prenuptial agreement
- One partner owns their own business
When You Need a Postnuptial Agreement
Postnuptial agreements are considerably less common in the United States, but they are gaining more popularity. There are numerous situations in which you may choose a postnuptial agreement, including:
- The marriage is in trouble. Many people turn to postnups when their marriage is struggling. For example, if one partner cheats, the other may want reassurance that it won’t happen again. A postnuptial agreement ensures that there is plenty of motivation for the unfaithful partner to stay faithful, and it allows the wronged partner recourse if they are again the victim of infidelity.
- One of you is set to receive a large inheritance. If one party finds out they are going to receive a sizable family inheritance, it makes sense that they would want to protect it. A postnuptial agreement is the natural choice in this situation.
- You’ve come around to the idea of a prenuptial agreement. Some people are vehemently opposed to prenuptial agreements because the topic is too serious during the wedding planning stage. If they come around to the idea after settling into married life, a postnuptial agreement is the way to go.
- You plan on starting your own business. Starting a business comes with its own risks and rewards. You can limit the way that these choices would affect your spouse during a divorce with a postnuptial agreement.
Creating an Enforceable Prenuptial or Postnuptial Agreement
A big part of drafting a successful prenuptial or postnuptial agreement in Birmingham is making sure it is enforceable under the law. A prenuptial or postnuptial agreement is not the place to spell out, in detail, how your marriage will work. It specifically addresses the monetary issues that may come up in a marriage, not personal concerns.
This is one reason it is crucial to work with an experienced prenuptial or postnuptial attorney in Birmingham. If you include non-enforceable clauses in your contract, you run the risk of the court throwing it out entirely. Some things that you cannot include in your prenuptial or postnuptial agreement include:
- Child custody and support. The court makes these decisions based on the best interests of the child, not the parents’ previous agreements or preferences. Anything outlining parenting time or child support in a prenup or postnup will be ignored in a court of law.
- Illegal activity. You cannot include anything illegal in your postnuptial or prenuptial agreement. On top of that, the inclusion of any illegal activity means that the entire document could be thrown out.
- Personal concerns. Household chores, the division of parenting duties, family relationships, and other personal issues or disagreements do not belong in a prenuptial or postnuptial agreement. The judge will look at these terms as frivolous and unnecessary.
- Terms that encourage divorce. If the terms of the agreement encourage one party to seek a divorce, those provisions will be set aside by the court.
- Anything agreed to under duress. A party cannot legally agree to a contract if they do so under duress or coercion.
How We Can Help
If you’re considering a prenuptial or postnuptial agreement, it’s time to talk to the team at Kirk Drennan Law. When drafted properly and completely, a prenup or postnup can protect your assets, ensure that your business remains intact in case of a divorce, and limit the financial damage of a divorce. This isn’t the time to try to DIY your own legal documents or come up with an agreement on your own.
People who write their own prenuptial or postnuptial agreements without the assistance of a lawyer often leave out crucial provisions, include unenforceable components, or fail to use the proper language in their documentation. All the work they put into a contract is likely to be thrown out if it ever reaches the court.
There are many aspects to consider when drafting a prenup or postnup. A skilled family law attorney in Birmingham, AL can walk you through every step of the process to ensure that your best interests are being protected. Whether you are choosing to create this agreement before or after your wedding, there is a lot at stake. Our team of professional attorneys is here to help you get the peace of mind you deserve.
Contact Kirk Drennan Law for Help with Your Prenuptial or Postnuptial Agreement
Our extensive knowledge and experience in family law makes us a natural choice for your Birmingham prenuptial or postnuptial agreement. Take the first step now by calling us at 205-803-3500 or contacting us online.