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Prenuptial Agreements

Family Law Attorneys in Foley

It is becoming more common today for parties to enter into prenuptial agreements before marriage. These premarital agreements ensure that the assets, business, and family of each of the parties to the agreement are protected upon divorce or legal separation. These are especially useful when the parties have children from prior marriages or relationships.

Prenup Agreements in Alabama

A prenuptial agreement is enforceable as long as both parties enter into the agreement voluntarily.

The factors that help a court determine whether or not an agreement was entered into voluntarily include:

  • Whether there are any facts showing duress, oppression, or unfair surprise
  • The time between the premarital agreement and the wedding
  • Whether there was full and proper disclosure of assets
  • Whether each party was represented by legal counsel
  • The educational background of the parties and their understanding of the agreement

A party that is seeking to declare a premarital agreement unenforceable must prove that the agreement was involuntary or that the agreement was unconscionable and that there was no full disclosure such that the party did not or could not have had adequate knowledge of the other party’s assets.

In Alabama, provisions pertaining to waiver of the right to marital property or alimony and manner of distribution of assets and debt are permitted to be included in a prenuptial agreement. However, matters concerning child custody and child support cannot be adversely affected by a premarital agreement. Where child custody or child support is concerned, the court will always consider what is in the best interests of the child.

Postnuptial Vs Antenuptial Agreements in Alabama

While prenuptial agreements are entered into before parties get married, postnuptial agreements are executed after marriage. These are typically used when parties have formed a new business or corporate entity post marriage. On the other hand, antenuptial agreements are agreements entered into when parties are contemplating marriage and comprise of a full or partial waiver of (1) a surviving spouse’s right to elect, and (2) rights of the surviving spouse to homestead allowance, exempt property, and family allowance.

Pursuant to Alabama Code § 43-8-72, an antenuptial or postnuptial agreement must be:

  • In writing
  • Signed by the parties whose rights are affected
  • Full disclosure of the estate and assets of each party

Contact Our Spanish Fort & Foley Family Law Attorneys

At Caldwell Wenzel & Asthana, we work with our clients diligently to create robust premarital agreements. We have extensive experience in drafting marital agreements such as prenuptial agreements and postnuptial agreements. We are committed to determining what is important to you and we are ready to draft an agreement that will protect your property, assets, business, and family. If you would like to obtain legal advice relating to such agreements, please contact our Daphne family lawyers at (251) 444-7000. We proudly represent people throughout Alabama, including Fairhope, Foley, Spanish Fort, and Daphne.

Contact us today at (251) 444-7000 to schedule your free consultation with our family lawyers in Foley.

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