What about my “prenup”?
Posted on 24. Apr, 2009 by Alabama Divorce Lawyer, Michael Sherman in Initial Considerations
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If you are about to go through a divorce and you and your spouse signed a nuptial agreement (either before your marriage or after), you need to inform your lawyer of that fact immediately. That seems like a rather obvious statement, but I have seen cases where the client’s failed to mention to their lawyers that a prenuptial had been signed until well into the divorce litigation. It is critical for your lawyer to have a copy of the prenuptial and any amendments that may later have been made to it as early in the process as possible, in order for the lawyer to be able to properly advise you.
Prenups are generally valid in Alabama if certain requirements are met – these basically have to do with full disclosure of the assets and the availability of independent counsel, absence of duress, etc.
If all of the conditions are met and the prenup is valid, then its terms will usually govern the disposition of the assets and debts and terms of any property settlement and/or alimony.
Custody, child support, visitation, and other issues regarding the best interests of the children are generally not issues that can be addressed in the prenup and thus will have to be resolved through the divorce case (through negotiation, alternative dispute resolution or trial).
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