Alabama Divorce & Family Law Attorney Blog : Birmingham Divorce Lawyer & Attorney : Eversole Law Firm : Serving Birmingham, Montgomery, Mobile Alabama

I’ll say right off that it’s probably true that most folks think a prenuptial agreement -- or prenup, as they say in Hollywood -- will kill the romance between a couple as surely as a an illicit affair. But does suggesting that your soon-to-be spouse sign a prenuptial agreement really spell the end of trust; Certainly not. Oddly, it may just make that bond even stronger. Rather than curse or jinx a pending marriage, a prenup should be looked at as helping to cement the relationship.

Contrary to popular belief, asking your future husband or wife to sign a prenuptial agreement should not be viewed as a sign of distrust, but as a mutual act of financial openness and faith in the enduring qualities of your relationship. As a Birmingham Divorce and Family Law Attorney, I’ve represented both women and men who have entered into a prenuptial agreement with a future marriage partner.

The trouble is that many people associate the mere mention of the prenup as a prelude to a bad marriage inevitably doomed to end in divorce. Because of this, it’s really no surprise then that most folks, men and women alike, can be quite apprehensive about raising this topic with a future spouse. But there’s really nothing to fret over.

First and foremost, a prenuptial agreement is a document created between future spouses prior to their exchange of marriage vows. An agreement of this type usually lists property settlements in the event of divorce, and could include other legal issues such as possible additional obligations that could arise during the marriage. In Alabama, the law requires that certain procedures as part of the process of forming a prenup, such as full financial disclosure between the two named parties. (It’s important to remember that the law actually prohibits prenuptial agreements if they are not truthfully represented.)

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These days everyone is concerned about their future. Individuals facing marriage are no different and that is why many people considering marriage look at a prenuptial agreement as a way of preserving their property in case the marriage somehow does not work out. While a “prenup” should not be looked at as foreshadowing a future breakdown (and possible divorce) in a marital relationship, it is many times a necessary “evil” in these uncertain times.

As a Birmingham divorce and family law attorney, I’ve helped many clients craft their prenuptial agreements based on their own set of personal circumstances. Whether you are a future husband or wife, a big concern for many folks is how even the suggestion of a prenup will affect their relationship heading into marriage. Frankly, if both partners are adults, it should not affect their romantic relationship one bit.

From a legal standpoint, a prenuptial agreement is simply a written document created between the bride and groom prior to the marriage ceremony and exchanging of vows. Like any agreement, the prenup addresses property settlements in the event of divorce -- this may or may not include other legal considerations, such as additional obligations that may arise during the marriage.

For couples in Alabama, the law provides for certain required procedures during the creation of the prenup. These include full financial disclosure between the two parties. An important point to make here is that the law in no uncertain terms prohibits a prenuptial agreement if either party has not truthfully represented the facts.

While prenuptial agreements became well known years ago as the wealthy person’s prerequisite to marriage, these documents have becomes more and more common among individuals of more modest means. Perhaps even more important for those who have worked so hard for just a modest nest egg or investment property, prenuptial agreements are a means of reassuring the soon-to-be spouses that each party’s assets are protected.

Not just a way of preserving one’s wealth in the event of a divorce, prenuptial agreements can also be used in the event of death or to establish other postnuptial agreements.

Another use for a prenup is when entering into a second marriage. Since an individual may have sizable assets from a previous marriage, creating a prenuptial agreement is a way of retain sole ownership of those assets so that they may be passed onto any children from the first marriage, for example.

As with any legal document -- to ensure that a prenuptial agreement is valid and to be sure that both partner’s rights are protected -- I highly recommend that each party consult with their own separate attorneys prior to entering into the prenup. It may not be the most romantic aspect of marriage, but it could make your future that much more secure.

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As a Birmingham Divorce and Family Law Attorney, I’ve consulted both women and men regarding prenuptial agreements. One of the major concerns these folks have is how such an agreement, or just the suggestion of it, reflects on the couple’s romantic relationship.

To many, the mere mention of a prenup makes them squirm. So it should come as no great surprise that most people are very apprehensive about broaching the subject with a potential spouse. One of the biggest worries is that it calls into question their love for the other person, or worse, that the agreement itself is just setting up the relationship for eventual failure and divorce. Well, that couldn’t be farther from the truth.

Sure. The majority of people probably think a prenup is anti-romance -- an indication of distrust of the other person, certainly not love. I’m here to tell you that’s the wrong way of looking at it. To the contrary, drawing up a prenuptial agreement side-by-side with your future husband or wife can be a sign of incredible trust and financial openness.

Basically, a prenuptial agreement is a written document created between spouses prior to the exchange of marriage vows. These agreements often address property settlements in the event of divorce, and may include other legal issues, such as additional obligations that will arise during marriage. Under Alabama law, certain procedures are required during the formation of the prenup, such as full financial disclosure between the two parties. The law also prohibits prenuptial agreements if they are not truthfully represented.

Although prenups have historically been tagged as wealthy society’s prerequisite to marriage, they have actually become more commonplace with the rest of us. Often created before first or subsequent marriages, they are a means of reassuring the soon-to-be spouses that each party’s assets are protected. Prenuptial agreements can be used in the event of divorce, death, or to establish other postnuptial agreements.

More importantly, and something many people don’t usually consider, is how useful a prenuptial agreement can be in the case of an impending second marriage. This is because there may be sizable assets from the previous marriage that the individual may want to retain sole ownership of -- so she can pass those along to any children from the first marriage, for example.

Remember, a court can refuse to enforce portions of a prenuptial agreement, not to mention the entire document altogether, under certain circumstances such as if assets were hidden or if there is evidence that the agreement was created in haste.

As with any legal document -- to ensure that your prenuptial agreement is valid and to be sure that your rights are protected -- I highly recommend that each party consult with their own attorney prior to entering into the prenup. It may not be seem like the most romantic part of getting hitched, but it could very well make your future together that much more secure.

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