Some couples take the time before they get married to write down how they will divide their assets if their marriage ever ends in divorce. Prenuptial agreements are not just for very wealthy people. Anyone who wants to make it easier to get divorced and ensure that they walk away from the marriage with the assets that are most important to them and their children will be taken care of even if they can no longer get along. Domestic Law in Huntsville AL takes prenuptial agreements very seriously.
In most cases, a prenuptial agreement is enforceable as long as it is signed by both parties. However, one spouse may contest the validity of the agreement if certain conditions are met. If one of the spouses did not voluntarily sign the agreement, or if the other spouse did not make the disclosures necessary for the other to make an informed decision before they signed, the prenuptial agreement may not be valid. Attorneys such as Long Flanagan and McDonald LLC may be able to help a client prove his or her prenuptial agreement is invalid and that they are entitled to a larger share of the marital assets.
Whether you want to contest your prenuptial agreement because your spouse was not honest with you about his or her assets before you got married or because your spouse has substantial debt that he or she did not inform you of before you signed the agreement, you will need to prove to the court that you were not aware of important information before you were presented with the documents to sign. An attorney who understands Domestic Law in Huntsville AL may be able to help you get the documentation you need to convince the judge to disregard the prenup.
Without a clear and convincing reason for the prenuptial agreement to be invalidated, the family court judge is bound by the terms you agreed to before you got married. Each spouse should always hire their own attorney prior to signing a prenup so their rights can be protected in case the marriage fails and the agreement needs to be enforced.
