Prenuptial Agreements Lawyer Huntsville, Alabama
When planning a wedding, the last thing you may want to think about is what will happen if you divorce. But the period before you get married is actually the best time to think about what will happen if your marriage ends.
A prenuptial agreement, or “prenup,” can help you and your future spouse outline what will happen to your assets, personal property, debts, and income should you seek divorce.
A prenup can also help couples outline spousal maintenance and child custody for their future children. One of our skilled and experienced Prenuptial Agreements Lawyer Huntsville, Alabama can help you determine whether a prenup is right for you and what a prenup can do to protect your interests.
Why Sign a Prenup?
A prenuptial agreement can be useful to couples who want to know in advance how much they will have to receive, pay, or offset should they divorce. More specifically, couples needing a prenup can have their Huntsville, Alabama prenuptial agreements lawyer negotiate how much spousal support they will receive and for what specific duration if their marriage ends.
Addressing these issues before marriage can help, especially if one spouse earns substantially more than the other. Or if one spouse plans to leave their career or put it on hold indefinitely to raise children. That’s why it’s so important to hire a Huntsville, Alabama lawyer well-versed in drafting prenuptial agreements.
A Huntsville, Alabama prenuptial agreements lawyer can include provisions about how a couple would like their child custody arrangement in the event they divorce. Possible issues can include which parent will retain primary custody, whether custody will get split equally, or how many miles a parent must live from where the children reside most of the time.
When a couple files for divorce in Huntsville, Alabama, their property will either be deemed separate or marital. In general, separate property describes what each spouse owned before the marriage. In contrast, marital property refers to anything the couple acquires while married.
Huntsville, Alabama follows the rules of equitable distribution, meaning that without a prenuptial agreement, a court will distribute property acquired during the marriage based on what it determines is “fair” according to a set of criteria. That criteria can include:
- How long the couple has been married,
- Each spouse’s contribution to the marriage (monetary and non-monetary),
- The ability of each spouse to support themselves following the divorce, and
- Whether either of the spouses acted abusively or committed adultery during the marriage
If a couple wishes to limit a court from distributing property according to equitable distribution principles, their Huntsville, Alabama prenuptial agreements lawyer may include provisions dictating otherwise.
In Huntsville, Alabama, debt acquired during the marriage can be subject to division during a divorce. Which spouse incurred the debt won’t matter to its ownership; both spouses can be held accountable for paying it back.
Should a couple wish to assign debt incurred during the marriage to either party specifically, their Huntsville, Alabama prenuptial agreements lawyer may do so. An example of debt acquired during a marriage is student loan debt.
A Huntsville, Alabama prenuptial agreements lawyer can include provisions about how a couple would like their child custody arrangement to be in the event they divorce. Possible issues include which parent will retain primary custody, whether custody will be split equally, or how many miles a parent must live from the children’s primary residence.
Regardless of what the parents agree to in the prenuptial agreement concerning child custody, a court will determine whether the terms are currently in the children’s best interests at the time of divorce. If one party contests the child custody terms, and after an examination, a court finds they are not in the children’s best interests, it can refuse to enforce them. That is why it’s so critical to have a Huntsville prenuptial agreements lawyer on your side.
What Makes a Prenup Valid?
Many states have specific rules governing whether a prenuptial agreement will be deemed valid by a court. In Huntsville, Alabama, for a prenuptial agreement to be considered valid and upheld by a court, it must be:
- In writing,
- Entered into voluntarily, and
- Fully disclose all assets and liabilities held by each spouse
To challenge a prenuptial agreement’s validity, a Huntsville, Alabama prenuptial agreements lawyer may argue coercion from the other spouse or that the other spouse didn’t disclose all of their assets and liabilities before the signing.
Allow one of our Huntsville, Alabama prenuptial agreement lawyers to assist you.
Looking for a Huntsville, Alabama prenuptial agreements lawyer before marriage doesn’t imply you expect your marriage to fail. Instead, a properly drafted prenuptial agreement can help strengthen your marriage since both you and your spouse will know what to expect should your marriage end.
With a prenup in place, couples can feel comfortable addressing their marital issues without worry about what could happen if they don’t successfully resolve their problems. Because they have already dealt with their “what ifs,” they now have the mindshare to deal with their problems head-on, giving their marriage the best possible chance of surviving.
Allow one of our compassionate Huntsville prenuptial agreements lawyers to review your circumstances today. We are here to listen and help. Contact Alabama Family Law Group today.