Prenuptial agreements (“prenups”) have a pretty bad reputation. The common misconception is that they create an unbalanced power dynamic between couples, protecting the wealthier spouse by making it easier for them to get divorced and making it more difficult for the less-wealthy spouse to do so.

People also often view them as an immediate sign that you’re anticipating a divorce even before getting married; however, this is not the case.

Prenups are legal contracts that provide terms for how assets and debts are to be divided in the case of a divorce, or in the event your spouse dies.

Yes, they are created before a couple marries, but it does not mean that your partner is already considering the possibility of a divorce or your immediate death. If anything, they help couples know up front what their financial situation is, and it sets a clear path for marriage. Prenups
can also outline things like spousal support or inheritances.

Having a prenup in place can actually make relationships stronger because it will force each partner to set goals and expectations for their marriage.

They provide couples with the opportunity ahead of time to have the often-uncomfortable conversation about finances and give one another a better understanding of what is important to the other and how they can support each other. It requires couples to have clear communication
from the outset, which will positively translate into the marriage.

Without a prenuptial agreement in place, Alabama law will determine who owns the property, other assets, and debts acquired during the marriage.

Under Alabama law, a marriage is a contract so there are automatic property rights for each spouse, and when a marriage ends (by divorce or death) the state will have a say in who gets what. Prenups are essential if you want to try and avoid this kind of intervention. For a prenup
to be valid in Alabama, each spouse needs to be represented by an attorney. This ensures that each spouse is getting what they need from the agreement and that communication runs smoothly. The reality is that every single marriage ends. It will either end in death or divorce. Couples have to ask themselves, “Do we want the state to tell us how our lives will be divided?” Most would immediately say, “No.”

Prenups are also a way to save yourself time, money, and trauma should you find yourself in a situation where your marriage has ended and a lengthy, messy divorce is on the horizon.

One of the main reasons divorce is expensive is because people aren’t functioning at their best; they take a lot of time to work things out in their head, and that can mean far more conversations with a divorce attorney. A prenup can ensure that if
the worst occurs and the marriage needs to end, it can do so in a much more quick, orderly and inexpensive manner.

At Herlihy Family Law, we want to help you create a safety net as you make the decision to merge your life with your partner’s.

Author: Anna Eden

Attorney Anna Eden is a native of Mobile, Alabama. Prior to joining Herlihy Family Law, Anna worked as a law clerk for Circuit Court Judges Michael Windom and Michael Sherman. It was during her time clerking for Judge Sherman that Anna discovered her passion for helping people navigate the complex and emotional issues involved in family law.

Anna aids in the representation of individuals across a variety of family law issues, including divorce and child support, juvenile law, child custody law, probate, and wills.