Postnuptial Agreement Lawyers in Birmingham, AL, Helping Clients Plan for Anything
A postnuptial agreement is an official document created within a marriage that outlines the separation of property and assets in the event a divorce is inevitable. The lawyers at The Rose Law Firm LLC can work with you to draft a postnuptial agreement that protects your interests and secures your rights during or following a marriage. Unlike a prenuptial agreement, a postnuptial agreement is entered into once the parties are married. Putting together this type of document requires a caring touch while still being defensive in regard to your property.
How Does a Postnuptial Agreement Work?
Most of us are familiar with the idea of a prenuptial agreement, which is usually entered into leading up to a marriage and puts specific restrictions on the division of property and assets if the marriage does end in divorce. A prenuptial agreement tends to outline who gets what when it comes to divorce, so each spouse has a clear understanding of what property will remain theirs before they are legally married.
On the other hand, a postnuptial agreement is drawn up after the marriage has officially taken place. This agreement sets forth a detailed plan for the division of property if the couple decides to divorce. Making these key decisions once getting married works great for some couples who have been focusing on other issues leading up to the wedding. Also, creating the agreement after you are already married will give you the chance to assess properly what you think you need in the event of divorce.
An agreement entered into mid-marriage plays out more like a contract, and usual legal principles apply when a disagreement arises. This is quite a bit different from a prenuptial agreement. The differences may not seem like much on paper, but in reality, they could make a difference. Working with a postnuptial agreements lawyer is a great way to ensure your interests are protected, no matter what happens down the road.
Why Should I Enter Into a Postnuptial Agreement?
Sometimes the period of time leading up to a wedding is spent planning the event or talking about if or when you want to start a family. This can leave little space for talking about what would happen if the marriage did happen to end in divorce. Waiting to talk about issues such as asset or property division can be a good thing because as time moves forward, couples often begin to identify their needs if the relationship doesn’t. Discussing these issues and writing them out on paper once the marriage has been made official is also a good idea because it gives each spouse security in knowing specific things about the future. This is beneficial in instances where there are major assets, a business venture that one party owned prior to entering the marriage, or important family heirlooms. The financial aspects of a divorce case are often the most difficult, and removing the possibility of a contentious back and forth may actually make the marriage stronger. A Birmingham postnuptial agreements lawyer can navigate the agreement in a way that makes both parties feel comfortable and secure.
Does a Postnuptial Agreement Include Child Custody?
If you and your husband or wife have kids at the time you choose to divorce, the judge overseeing the divorce will make decisions on any decisions regarding child custody or support. In most states, including Alabama, courts will always put the child’s best interests at the forefront during a split. It doesn’t matter if the parents have a postnuptial agreement set up.
If you are thinking of filing for divorce and have questions about child custody, you’ll want to speak to a family law attorney who knows the laws in your state. Postnuptial and family law attorneys do handle postnuptial agreements, but also many other categories of family law.
Do You Need to Be Rich to Get a Postnuptial Contract?
Some people think postnuptial agreements are just for wealthy people. This is a common misconception heightened by film and TV. Postnuptial agreements are helpful for any forward-thinking individuals who want to protect and set forth a plan for their beneficiaries before you’re contractually committed. You might actually consider a postnuptial agreement if you are an entrepreneur with a business and have a plan for who will take it over down the road. Maybe the person you’re marrying carries a lot of debt, and you don’t want to be responsible for it if the marriage doesn’t last. There is also a myriad of reasons you may want to separate your property or financial assets from your spouse. Of course, there are also your children and the plan for how you want to divide your assets when you pass away.
A postnuptial agreement protects both spouses from future arguments in case the marriage ends in divorce or when one of the spouses passes away. For example, maybe you have a family from a former marriage, and you’re planning to give them an inheritance or piece of property following your death. You can put this in the contract. It’s important to work with postnuptial agreements attorneys to ensure each document is done correctly and with your wishes in mind.
Do I Really Need a Postnuptial Lawyer?
There are scenarios where some couples feel like it will be hard or awkward to start their marriage off by talking about the dissolution of their relationship. That said, filing a signed postnup can stop contentious disagreements in a split or following a death before they start. Because drafting these legal documents can be complicated to write, and some bullet points simply won’t be possible to enforce, it is pivotal to sit down with a postnuptial agreements lawyer. Our team of experienced attorneys will be happy to help you draft your postnup or analyze the document prior to you putting your name on the line.
The Rose Law Firm LLC is knowledgeable in every area of family law, not limited to legal separation, divorce, child custody and support, and all other family services. Contact us today at (205) 858-9224 to set up an appointment.