Marriage is a major step that involves an incredible amount of trust. It’s a commitment that requires mutual respect and understanding. Most people never plan to get a divorce, but it’s important to acknowledge that it can happen. People change, and love can fade.

Prenuptial agreements (prenups) can help to solidify trust between a couple before they get married. These agreements can be extremely important, especially in high-net-worth relationships, if something goes wrong. But what makes a prenup legally binding?

What is a Prenuptial Agreement?

A prenup is a document that is created before a couple gets married. It sets terms and protects assets in case the couple decides to get a divorce. A prenup might specify which assets will go to each spouse, depending on the length of the marriage, set alimony terms, or even discuss who should retain the family home. Prenuptial agreements set expectations for both partners.

Generally, only people with significant assets choose to make prenuptial agreements. However, they can be an important tool for anyone who might be damaged financially by divorce. Prenups can also make the divorce process shorter and less painful for all parties since the terms are already decided.

What Are the Requirements of a Prenup?

Prenups usually hold up in court, as long as they are created by a lawyer and executed properly. However, there are some requirements for a prenup to be considered valid. A prenuptial agreement must:

  • Be made freely, not under duress or coercion
  • Not include any provisions about future children
  • Be made with full financial disclosure from both parties
  • Be fair and reasonable

A prenup can also be invalidated if one spouse did not get the opportunity to consult with a lawyer or the agreement was signed very soon before the wedding. Although the court has discretion when deciding if a prenup is valid, the requirements are in place to ensure that both parties are making the agreement with full transparency and good intentions.

Who Should Have a Prenup?

Choosing to create a prenuptial agreement is a very personal decision. Any couple can benefit from discussing these issues prior to getting married, but only you can decide if you want to legally protect your assets before your wedding. Weighing the pros and cons together can help you decide if it’s worth making a prenup.

If you do want to create a prenup, you will need help from a lawyer. This is to ensure that your agreement will hold up if it’s needed. To discuss your options for a prenuptial agreement, call our Alabama firm at (205) 858-9224 today to speak with one of our experienced family law attorneys.