Postnuptial Agreement Lawyers in Birmingham, AL

A postnuptial agreement is an official document created within a marriage that outlines the separation of property and assets in the event a divorce is inevitable. The lawyers at The Rose Law Firm LLC can work with you to draft a postnuptial agreement that protects your interests and secures your rights during or following a marriage.

Unlike a prenuptial agreement, a postnuptial agreement is entered into once the parties are married. Putting together this type of document requires a caring touch while still being defensive in regard to your property.

Contact our firm to get started and schedule a free case evaluation today!

How Does a Postnuptial Agreement Work?

Most people are familiar with prenuptial agreements, created before marriage to outline property and asset division in case of divorce. Prenuptial agreements help couples understand who will retain specific property before entering a legal union.

In contrast, postnuptial agreements are drafted after marriage. These agreements detail property division if the couple divorces, allowing spouses to address these matters after focusing on other priorities before the wedding. Postnuptial agreements also provide time to assess what is needed in the event of a divorce.

Unlike prenuptial agreements, postnuptial agreements function more like contracts, governed by standard legal principles when disputes arise. Though the differences between the two may seem minor, they can have significant impacts. Consulting a postnuptial agreement attorney ensures your interests are protected and the agreement reflects your intentions.

Why Should I Enter Into a Postnuptial Agreement?

Sometimes the period of time leading up to a wedding is spent planning the event or talking about if or when you want to start a family. This can leave little space for talking about what would happen if the marriage did happen to end in divorce.

Waiting to talk about issues such as asset or property division can be a good thing because as time moves forward, couples often begin to identify their needs if the relationship doesn’t.

Discussing these issues and writing them out on paper once the marriage has been made official is also a good idea because it gives each spouse security in knowing specific things about the future. This is beneficial in instances where there are major assets, a business venture that one party owned prior to entering the marriage, or important family heirlooms.

The financial aspects of a divorce case are often the most difficult, and removing the possibility of a contentious back and forth may actually make the marriage stronger.

Does a Postnuptial Agreement Include Child Custody?

If you and your husband or wife have kids at the time you choose to divorce, the judge overseeing the divorce will make decisions on any decisions regarding child custody or child support. In most states, including Alabama, courts will always put the child’s best interests at the forefront during a split. It doesn’t matter if the parents have a postnuptial agreement set up.

If you are thinking of filing for divorce and have questions about child custody, you’ll want to speak to a postnuptial agreement lawyer who knows the laws in your state. Postnuptial and family law attorneys do handle postnuptial agreements, but also many other categories of family law.

Do You Need to Be Rich to Get a Postnuptial Contract?

Some people assume postnuptial agreements are only for the wealthy, a misconception often fueled by media. In reality, these agreements are useful for anyone who wants to plan ahead and protect their beneficiaries.

You might consider a postnuptial agreement if you own a business and want to determine its future, or if your partner has significant debt you don’t want to be liable for. Postnuptial agreements can also address property and financial asset separation or outline plans for children from a previous marriage.

These agreements help avoid future disputes, ensuring both spouses are protected if the marriage ends or one spouse passes away. For instance, you can specify inheritances for children from a previous relationship. Working with an attorney ensures the agreement accurately reflects your intentions and is legally sound.

Do I Really Need Postmarital Agreement Attorneys?

There are scenarios where some couples feel like it will be hard or awkward to start their marriage off by talking about the dissolution of their relationship. That said, filing a signed postnup can stop contentious disagreements in a split or following a death before they start.

Because drafting these legal documents can be complicated to write, and some bullet points simply won’t be possible to enforce, it is pivotal to sit down with a postnuptial agreements lawyer. Our team of experienced attorneys will be happy to help you draft your postnup or analyze the document prior to you putting your name on the line.The Rose Law Firm LLC is knowledgeable in every area of family law, not limited to legal separation, divorce, child custody and support, and all other family services.

Contact our postnuptial agreement attorney today at (205) 858-9224 to set up an appointment.