Many couples choose to create prenuptial, or premarital, agreements before they wed or postnuptial agreements after they’ve tied the knot. Working out the terms of a potential settlement in advance — especially if your joint and separate assets are complex and/or vast — allows you and your significant other to decide how you wish your assets and debts to be divided in the event of a divorce or legal separation. At Joseph C. Somma, PC, I work with couples in the Birmingham area and throughout Alabama to create fair and enforceable legal agreements that protect their interests.
Even though you are working on your agreement as a couple, it is important that each of you has his or her own family law attorney to represent you and your interests while protecting your rights. You will also want to make sure that your agreement is drafted correctly in the event that you do get divorced or become legally separated.
These agreements specifically address matters that may include:
A prenup or postnup can also specify how different circumstances in the marriage may result in different outcomes during a divorce. For example, an infidelity clause may state that a partner who cheats forgoes his or her right to alimony.
Premarital and postnuptial agreements are legal contracts that are enforceable by law and can prove challenging to contest later. In the event that you signed an agreement and now wish to challenge it, I can advise you on your options and likelihood of success.
You may have valid grounds for challenging the agreement if any of the following occurred:
If necessary, I can litigate your matter in court. My firm also represents clients who wish to enforce the terms of their prenuptial or postnuptial agreement that a soon-to-be ex wants to contest.
At Joseph C. Somma, PC, I assist clients throughout Alabama with drafting, reviewing and enforcing prenuptial and postnuptial agreements to protect their interests. Call me at 205-937-3951 or contact me online to schedule a consultation at my Alabama office.