Prenuptial Agreement Lawyers in Birmingham, AL Helping Clients Make Choices Now That Protect Them in the Future
The term “prenup” brings to mind misunderstandings for a lot of people. Some people believe they won’t qualify for a prenuptial agreement or that they’re not a smart way to begin a life together. People automatically think it means there is a lack of trust or that one party is already assuming the marriage won’t last. Fortunately, these two common assumptions are not the case. You still have the ability to acquire a prenup. A prenup can also help start a marriage off on the grounds of trust and mutual respect. While everyone wants marriage to work out, it’s always possible things will change down the road.
If you’d like to speak to a Birmingham prenup attorney about your scenario, we’re here for you.
The Rose Law Firm LLC is a leading family law firm in Alabama. We have the knowledge and experience necessary to answer your questions and put you in the best position to get the outcome you want.
What is a Prenup?
A prenuptial agreement, also known as a prenup, is a legal contract between two individuals. For the most part, a prenup usually is put into place prior to marriage and sets up things like asset division and property rights, should the couple end up separating. A prenup contract could establish important things like spousal support, debt arrangements, and the division of assets. Without a prenuptial agreement in place, marriages that end in divorce in Alabama will have equitably distributed every asset listed between the two parties.
When setting up a prenuptial agreement, both spouses will need to give a detailed inventory of their belongings and finances. If there is a situation where you want to retain your property separately, you will have to confirm which belongings will remain as property of the original owner. If you keep any sort of personal property that you took on prior to the marriage and that you wish to remain separate, you may want to consider filing for a prenuptial agreement. While important for sure, this is ultimately a precautionary move. A family law attorney can quickly and efficiently help you and your future spouse’s process be pleasant based on caring and love.
Who Should Get a Prenup?
Unlike how they are portrayed in movies and on television, prenuptial agreements are not just for the hyper-wealthy. While prenuptial agreements are often utilized to save the assets of a wealthy fiancé, couples who aren’t made of money are using them for their own needs more and more. The following are two of the most common reasons for getting a prenup.
- Those who want to give property to their children from a former marriage.
- Couples, whether they have kids or not, and whether they are rich or not, may just want to have their financial and legal obligations on paper before the marriage is official, so there are no conflicts down the road. Nobody starts with marriage counting on divorce, but statistics don’t lie. Nearly half of all marriages in the United States end in divorce, so there’s no harm in protecting yourself just in case.
There are other reasons an individual might benefit from a prenup, which is why it’s worth enlisting the legal help of a prenuptial agreements lawyer who can help determine whether a prenup is right for you and your future spouse.
How Long Does a Prenup Last?
Unless the parties agree otherwise, prenuptial agreements, for the most part, last the entire duration of a marriage. That said, prenuptial agreements frequently include specific clauses in reference to expiration dates within the document. One of the most used clauses is an agreement that spousal support won’t be given unless the couple has been married for a minimum of ten years. A lot of people would consider this to be a fair point. Aside from these types of clauses, prenups are designed to last the entire length of the marriage.
Is a Prenup Lawyer Really Necessary?
Having a correctly put-together prenuptial agreement is the legal requirement of an Alabama family law court. Your contract needs to be written in a way that is not only understandable to the court but also follows the basic mandate. Simply put, a prenuptial agreement needs to be legally competent and fair to both spouses. As your Birmingham prenup lawyers, it will be our job to ensure your agreement meets all the requirements. Prenuptial agreements are handled differently in every state. Your best decision is to meet with a Birmingham prenuptial agreement attorney if you aren’t familiar with your state’s laws. The truth is, you and your future spouse might even want to each have your own specific lawyers look over the agreement before signing it. While prenuptial agreements are accessible online, the majority of people don’t have a solid grasp of the complicated and nuanced laws that go along with such an agreement.
If you are considering a prenuptial agreement or if you simply have questions regarding one, we can help. We won’t push you off to an assistant or paralegal after your first meeting. We will give you personal experience throughout the entire process of drafting these key documents. At The Rose Law Firm LLC, we’re dedicated to providing Alabama with the strongest possible representation in all family law matters. Call us to discuss your case today. You can schedule a meeting by calling our office at (205) 858-9224.