Huntsville Prenuptial Agreements Lawyer

Alabama marital agreements attorney

Marriage starts out blissfully but can devolve into contentiousness when spouses decide to divorce. Many conflicts can be avoided by addressing money and property issues in a prenuptial agreement prior to the marriage. Prenups were once the province of the rich but are now common among couples who enter marriage with their own careers and wealth portfolios. If you are planning to marry in Alabama, a Huntsville prenuptial agreements lawyer at Amy A. Slayden Family Law P.C. can assist you by drafting and negotiating a prenuptial agreement tailored to your situation.

What is a prenuptial agreement?

A prenuptial agreement is a contract between people planning to marry that addresses one or more of the issues that might arise during the marriage or upon divorce. It can resolve in advance a number of concerns that you and your future spouse might have. A Huntsville family law attorney at our office can explain in detail how prenuptial agreements work and can help you if you decide to create one.

Why prenuptial agreements are popular

In an earlier age, when people of different economic means married, prenuptial agreements were used primarily a safeguard against the less-advantaged spouse gaining access to the other’s wealth. However, as people are marrying later in life, spouses now are likely to enter marriage on a more even playing field. A prenup protects the property and earnings of each spouse equally. It can settle many of the disputes that might occur during divorce, such as property division and spousal support. It can also protect either spouse’s interest in a small business, spell out inheritance rights of children from a prior marriage or set the terms for retention or division of certain marital property, such as the family home.

How a prenup affects asset division

A judge in an Alabama divorce case has broad discretion in deciding how to equitably distribute the divorcing couple’s marital property between them. However, a prenuptial agreement can settle such issues, changing what qualifies as marital property and limiting the court’s role. Provisions in these agreements are enforceable if they are generally fair and not unconscionable.

Challenges and limitations of prenuptial agreements

Prenuptial agreements must satisfy certain requirements to be valid:

• The prenup be in writing and signed by both parties.
• A party either must be represented by counsel or must disclose their assets and debts to the other party before the agreement is signed.
• One attorney cannot represent both parties. 
• A prenuptial agreement cannot control child custody or child support. 

We will make sure your prenuptial agreement is legally valid under Alabama law.

Drafting a prenuptial agreement

We can assist you in preparing a prenup that is valid in all respects and is enforceable. A If your prospective spouse presents you with a prenup, a knowledgeable family law attorney at our firm will review it carefully and discuss how it affects your marital rights and how the agreement’s terms might be improved for your benefit.

Contact an accomplished Huntsville prenuptial agreements lawyer to make an appointment

The Huntsville, Alabama firm of Amy A. Slayden Family Law P.C. assists with drafting and negotiating prenuptial agreements for clients across Madison, Limestone, Morgan and Marshall counties. To schedule a free initial consultation, please call 256-529-4437 or contact us online.