This document contains a list of clauses used in premarital agreements, followed by the full clauses used in the agreements. The 38-page document also contains general comments on negotiating, drafting, and execution of premarital agreements.
Alabama Prenuptial Agreements - General Comments on the Negotiating, Drafting and Execution of Prenuptial Agreements
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A prenup can't include personal preferences, such as who has what chores, where to spend the holidays, whose name to use, details about child rearing, or what relationship to have with certain relatives. Prenuptial agreements are designed to address financially based issues.
Prenups can't decide child custody issues. Prenups can't encourage divorce. A prenup can't have rules about non-financial matters.
Otherwise, terms that you can negotiate within the prenup include a guaranteed sum of the household operating expenses, payment of attorney's fees in the case of a divorce, reasonable expenses during said divorce, and your alimony payments.
The agreement was procured by fraud a prenup is valid only if it is entered into after full disclosure by both parties as to their income, assets, and liabilities. If one spouse provides the other with information that is not accurate or truthful, the agreement is invalid.
Unconscionability Invalidates a Prenuptial AgreementOne party signed the agreement involuntarily or not by choice. One party demonstrates that the other party did not divulge all relevant information. One party can prove he/she was not allowed access to an attorney before signing the prenup.
One spouse must threaten physical or psychological harm to the other for a judge to invalidate a prenuptial agreement based on coercion. Alabama courts will also invalidate a prenuptial agreement for fraud.
A prenuptial agreement cannot include personal preferences, such as who has what chores, whose name to use, where to spend the holidays, information on child-rearing, or what relationship to have with specific relatives. Premarital agreements are meant to address monetary issues.
Family Code Section 1615 provides that a prenuptial agreement is not enforceable if the party against whom enforcement is sought proves either of the following (1) that party did not execute the agreement voluntarily or (2) The agreement was unconscionable when it was executed and, before execution of the agreement,
Like any legal contract, however, prenuptial and postnuptial agreements can be challenged under certain circumstances: Fraud. Duress (potentially including undue influence) Unconscionability.
Prenuptial Agreement ClausesBackground Section.Property Section.Separate Property Recapture of Real Estate.Current and Future Income and Debt.Spousal Support.Gifts and Inheritance.Debts and Liabilities.Breach.More items...
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