Prenuptial agreements get a bad reputation. People tend to view them as a sign that the marriage will ultimately end up in a divorce. However, prenuptial agreements are helpful for many reasons. Here is why you need a prenup before getting married.
First, let’s define what a prenuptial agreement actually is. A prenup sets in place a legal contract for how assets or debts will be divided in the case of divorce, or in the case of one spouse’s death. It is created by two people before they are married. This agreement is meant to help dive into a couple’s finances, and set a clear stage for a marriage. Prenups can outline a range of provisions outside of financial assets, like spousal support or inheritance. The agreement aims to save both parties in emotional and financial ways.
While it might not be romantic to be discussing the potential end of a union before even getting married, there are many benefits to getting a prenuptial agreement. It typically lists all of the property and debts each person owns, and specifies what each person’s property rights will be after the marriage. In doing this, it brings all finances to the forefront of the couple’s mind. This means that there is clear communication from the beginning, which can help strengthen the bond between a couple.
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Talking about finances before getting married is an important step toward protecting each spouse and their finances. Having these conversations could make the relationship stronger than ever before. Because couples will have to be open and honest with each other, they may find that there is more trust involved in the marriage. A prenuptial agreement forces couples to get into the details of their finances, and how each spouse thinks about money. Discussing a prenup forces partners to communicate financial goals, attitudes about money, spending and saving habits, and any accrued debts that they already have.
Without a prenuptial agreement, Alabama state laws will determine who owns the property and debts acquired during the marriage. At the end of the marriage, whether by divorce or death of one spouse, the state will have a say in who gets what. Since marriage is considered a contract under the law, there are automatic property rights for each spouse. If spouses don’t like this outcome, then a prenuptial agreement is essential.
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It’s important to remember that both spouses need a lawyer for a prenuptial agreement to be valid in the state of Alabama. Having a separate lawyer for both spouses will help make sure that communication is peaceful, and that each side is getting what they need from the prenuptial agreement.
If you are getting married and you’re interested in getting a prenup, you want someone who is going to be on your side. Connect with us at Summit Family Law Firm to find an attorney that will go to bat for you both in and out of court. We will fight for you.
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