A pre-marital agreement sets out the preconditions for marriage. The financial terms and basis of the marriage are taken into account. If you are interested in developing a marriage pact or if your future spouse has asked you to enter into a marriage pact in Alabama, call our lawyers for the marriage agreement at Boles Holmes Parkman White to guide you through the process to protect yourself properly. Similarly, if you have signed a marriage agreement and want to know if it is enforceable, the divorce lawyers in our Birmingham office can give you such an opinion. Couples married to the marriage may enter into pre-marital agreements to waive rights such as support claims or property-sharing claims that would otherwise be invoked in the event of divorce. To be valid in Alabama, these agreements must be fair, voluntary and based on adequate knowledge of what is repealed. Appropriate knowledge involves a fair and accurate disclosure of the assets of a party to the party who renounces its right to those assets. And a marital agreement must be written, the court has the power to decide whether the agreement complies with these requirements and whether the agreement is applicable. The courts must consider a marital agreement to determine whether it is fair and reasonable.
In Alabama, couples who are about to get married have every right to enter into agreements from previous years. These agreements dictate certain divorce conditions if the marriage were to end. In addition, prenups generally do not contain provisions for child care and assistance, and even if they do, they may not be applicable. Prenups generally focus on asset and debt management, including retirement plans, pension plans, pensions, family businesses, family assets, real estate, equities and other investments. Post-court agreements are subject to extensive judicial scrutiny, particularly in the case of divorces in dispute or where a spouse invokes a provision or if the contract is unenforceable. If you want to know how to get a post-uptial agreement that will be confirmed in the event of a divorce, you should talk to an experienced lawyer.