Postnuptial Agreements / Prenuptial Agreements

Prenuptial Agreements Attorneys in Dothan

A prenuptial agreement, or “pre-nup” is an agreement of marrying partners which prearranges the terms of their settlement in the event of an eventual divorce.  In the past, these agreements were utilized almost exclusively by the wealthy seeking to protect their family fortune from their new partner, who in most cases came from a more humble background.  Now, prenuptial agreements are more commonplace, and not used only by the rich.

Prenuptial agreements typically detail how the property will be divided if the parties are ever divorced.   However, pre-nups can also attempt to stipulate other details like child custody, child support and alimony.  While pre-nups that stipulate child support and custody may be persuasive to the divorce judge, there still must be a finding that the parties’ agreement is the best interests of the children.  It also would have to be found to meet the child support guidelines contained in Alabama law.

Prenuptial agreements in Alabama are only effective if both parties are honest with one another.  If they enter into a pre-nup, but lie to each other about their respective assets or liabilities, the pre-nup could be found to be invalid.

The Dothan prenuptial agreement attorneys at Parkman White, LLP have found the best policy is to list all assets and liabilities in the actual agreement so there is no confusion about proper disclosure.  We also recommend each party have their own attorney so no allegations can be made that one party was not properly represented, and the pre-nup is therefore invalid.  Courts look at the parties relative bargaining position in deciding whether to enforce a prenuptial agreement, and the representation of counsel is one of the most important factors to this consideration. 

Postnuptial Agreement Attorneys in Dothan, Alabama

Postnuptial agreements are different from pre-nups only in the fact that it is executed after the wedding, rather than before.

Like prenuptial agreements, postnuptial agreements have become more common in recent years.  They are frequently associated with marriages in which one partner has a windfall of money after the marriage takes place for which they are solely responsible and which they want to protect in the event of a divorce.  Another situation would involve a business created after the marriage, where the owners want to protect the business from any interference from their co-owners spouse in the event of a divorce.  Some spouses also agree to stay in a marriage after discovering adultery, only if the other party agrees to execute a postnuptial agreement that is favorable to the non-offending spouse.

If you are would like representation on a prenuptial agreement or postnuptial agreement in Dothan, or the surrounding area of Southeast Alabama, call our Dothan family law attorneys to protect you in the event of a future divorce.  Also, if you have entered into a prenuptial agreement or postnuptial agreement and would like an opinion on its enforceability, we will provide you a consultation.  Contact us today at 334-792-1900.