Alabama Premarital or Prenuptial Agreement

State:
Alabama
Control #:
AL-016-04-CP
Format:
Word; 
Rich Text
Instant download

Description

This form is a written contract created by two people planning to be married. The agreement typically lists all of the property each person owns, as well as their debts, and it specifies what each person's property rights will be after they marry.

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FAQ

In Alabama, all prenuptial agreements must be in writing and signed by the spouse who is giving up rights as part of the agreement, such as the right to alimony. The best practice, however, is for both spouses to sign the agreement. Both spouses must disclose their assets and debts to each other.

The agreement is in writing and signed by both parties Oral prenups are not valid in any state.A party who fails to disclose all assets will suffer at the hands of a court that will find the prenup invalid.

In California, individuals can draft their prenups. However, without a legal background, it is easy for the prenuptial agreement to be invalidated.Other requirements include a written contract, legal terms within the prenup and the voluntary signatures of both parties.

Saving and Spending Strategies A prenuptial agreement should address the couple's future financial plans, including investment and retirement strategies. It should also cover how much income is to be paid into joint and/or separate bank accounts, and whether or not their will be any specific spending allowances.

Putting the Agreement in Writing. Identify the parties and the document. After titling the document something like Premarital Agreement, you want to identify the two parties by full, legal names and state that they are both willingly entering into the agreement. State the intent of marriage.

A good prenuptial agreement should be fair. It should be entered into between two consenting adults who know what they are doing. The agreement should be fair when it is signed and entered into, and also fair when it is be enforced, whether in the event of a divorce or death.

Be in writing. Be signed by both parties of their own free will. They cannot be under duress or be pressured into signing the prenup. Be presented with full disclosure. Be fair and reasonable. Be signed by both parties before a witness and a notary.

The premarital agreement is not a notarized document, therefore there is no per se obligation to notarize it.For instance, whenever the prenuptial agreement, in dividing assets between the spouses, also refers to a real estate property transfer, having the document notarized is highly recommended.

Assets and Debts. A Prenuptial Agreement is a good way for you and your partner to maintain separate control over personal assets or property that you accumulated before you were together. Dependent Children. Protection of Your Estate Plan.

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Alabama Premarital or Prenuptial Agreement