Prenuptial and Postnuptial Agreements
There are certain protections you can put into place to help safeguard property or inheritances that you wish to keep separate from marital property. A prenuptial is an agreement made prior to marriage and a postnuptial is an agreement made after. Prenuptial and postnuptial agreements allow both parties to a marriage to protect their valuable assets they have acquired in their individual names, including:
- Family-owned businesses
- Real estate
- Stocks and bonds
- Pension and retirement accounts
- Literally anything of value
If you want to discuss prenuptial and postnuptial agreements, whether or not you have decided to enter into one, do not hesitate to speak with a prenup lawyer at Dothan Law Group.
A prenuptial agreement is a practical way to address important issues in a marriage that provides security and peace of mind to both spouses. These agreements are contracts like any other that set out the details for how assets, debts, and property will be divided, as well as setting other marriage rights like alimony or spousal support IF a divorce action is filed.
For a prenuptial agreement, each party will have to disclose to the other all of the assets and debts they are bringing to the marriage. By disclosing each party’s financial situation, the couple begins their marriage with a greater deal of trust based on this open and honest communication and understanding of their financial situation and expectations for the future. For a prenup to be valid, each party must be fully aware of each other’s assets and debts. Dothan Law Group is highly experienced in helping future spouses negotiate fair and valid premarital agreements.
There are many circumstances in which a married couple wishes to enter into what is known as a postnuptial agreement during the marriage. Alabama law has a stringent set of requirements used to enforce postnuptial agreements, so be sure to get experienced legal advice from Dothan Law Group.
There are many circumstances in which a married couple wishes to enter into what is known as a postnuptial agreement during the marriage. Similar to drafting a prenup, you and your spouse should have your own attorneys to give you independent advice. A postnuptial agreement is 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. The postnup should be based on full disclosure and should be equitable. If you want to know how to get a postnuptial agreement that will be upheld in the event of a divorce, Dothan Law Group can help you.
Why Should I Get A Prenuptial Agreement?
The people who get a prenuptial agreement represents a minority of people. The purpose of a prenuptial agreement is to determine certain rights without lawsuits and litigation. We recommend that you genuinely consider a prenup when:
- You or your fiancé are much wealthier than the other.
- This is a second or subsequent marriage for you or your fiancé.
- You or your fiancé have children from a previous relationship.
- You or your fiancé have a high amount of debt.
- You or your fiancé own your own business.
- You or your fiancé have or will inherit a great deal of property.
- You or your fiancé intend to leave the workplace and be a stay-at-home parent for a significant period of time.
With a prenuptial agreement in place, both parties can protect themselves from a courtroom battle if the marriage turns sour while making sure the outcome of the divorce orders suits their needs.
Are All Prenuptial And Postnuptial Agreements Enforceable?
Having an attorney review a prenuptial or postnuptial agreement is critical to making sure the document meets your needs, and also that it will be declared valid and enforceable in court if it is ever needed. 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.
Unfortunately, this is not the case. The court has the ability to rule against the agreement should they believe it is the best option for the parties. This is why you need to hire an experienced attorney at Dothan Law Group to ensure your prenuptial or postnuptial agreement is solid and in your best interests.
Prenuptial and Postnuptial Lawyer at Dothan Law Group
If you are thinking about putting a prenuptial or post-nuptial agreement into place, 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. At Dothan Law Group, we negotiate, draft, and review prenuptial and postnuptial agreements with a careful eye. We take the time and attention to understand your needs and ensure you get the agreement you want. Do not hesitate to contact our experienced family law lawyers at Dothan Law Group. We will schedule an initial consultation to meet with you and talk about your situation right away.