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Birmingham Prenuptial & Postnuptial Agreement Lawyers
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Engaged couples and even those already married may voluntarily enter into prenuptial or postnuptial agreements as a way to ensure that their property rights and responsibilities are clarified and delineated in a legal contract in the event of divorce. At Magic City Law, LLC, we believe that promising to spend your life together can be wonderful, but it is always a good idea to have a contingency plan. Human nature is flawed, and we all make mistakes. Relationships are no exception.
Through prenuptial and postnuptial agreements, you can plan accordingly just in case the happily ever after doesn’t last. Think of them as relationship parachutes, safety mechanisms to keep you both safe if things go south. Our Birmingham prenuptial and postnuptial agreement attorneys can provide the assistance you need in negotiating, drafting, and finalizing these agreements as well as in reviewing an agreement that your partner has presented to you.
Learn more about how prenups and postnups can protect you and your partner in a confidential consultation with one of our attorneys. Contact Magic City Law, LLC at (205) 509-4766 to get started.
Requirements for a Valid Prenuptial or Postnuptial Agreement
Prenuptial and postnuptial agreements basically do the same thing. The only difference is that a prenuptial agreement is created and signed prior to the marriage after which it goes into effect. A postnuptial agreement is created and signed when the couple has already wed. These agreements can cover how property and assets and certain financial matters will be handled in the event of a divorce.
To be valid, a prenuptial or postnuptial agreement must be based on full financial disclosure by both parties, their terms should be fair, and each party should have his or her own independent counsel to ensure that best interests are served. The agreements must be voluntary and cannot be the product of coercion, or misrepresentation. They must be drafted and finalized according to legal standards.
Work with Our Experienced Family Law Attorneys
Our Birmingham prenuptial lawyers can help you negotiate as well as draft the provisions of your agreement. Our goal is to ensure that you put into place the protections you need in a valid contract that will be enforceable in court.
Contact Magic City Law, LLC via email message or at (205) 509-4766 to schedule a consultation with one of our attorneys today.
What Arrangements Can Be Made in a Prenuptial Agreement?
The terms and conditions of prenups and postnups can include the following:
- Identification of each party’s separate property, such as real estate, other investments, family heirlooms, vehicles, art, and more
- Agreements on how marital property will be split in a divorce
- Agreements on how debt will be divided in a divorce
- Arrangements for closely-held businesses and professional practices
- Arrangements for spousal support
- Protection of inheritances for children from previous relationships
- Arrangements for any other asset or financial matter relevant to your situation
Child custody and visitation as well as child support are not issues that can be arranged in advance in these agreements. These issues can only be determined by the courts at the time of a divorce.