If you are interested in creating a marriage contract or if your future spouse has asked you to enter into a marriage contract in Alabama, call our marriage contract attorneys at Boles Holmes Parkman White to guide you through the lawsuit to protect you properly. If you have signed a marriage contract and want to know if it can be implemented, the divorce lawyers in our Birmingham office can give you such an opinion. For a marriage contract to be enforceable, Alabama law requires both parties to disclose all of their existing assets and liabilities. When designing marriage contracts, marriage contract lawyers at Boles Holmes Parkman White prefer to list all the assets of the agreement itself, so what has been disclosed is clear. This can be done in the body of the marriage contract or as exposure to prenup. It is also in the best interest of the parties to form a marriage contract that both parties be represented by a separate lawyer. In the event of divorce, the Internal Relations Court may review the agreement and find that it should not be applied because the parties were not in the same negotiating position and not all debts and debts were fully disclosed. If both parties are represented by their own family law lawyer, this increases the possibility for the court to impose the terms of the marriage contract. Although they are less prevalent than marriage contracts, they have become more common in marriages where significant financial events have occurred after the couple`s marriage. A common example is that a business is created after the parties have joined forces and the company`s sponsors want to ensure that in the event of death or divorce, the business is a permanent entity, without the intervention of the spouse. It is also common for a spouse who learns of infidelity from the other spouse to apply for a marriage contract before declaring himself ready to stay in the marriage.
Generally speaking, both parties signing a marriage contract should have the document carefully reviewed by their respective lawyers….