What about my "prenup"?
If you are about to go through a divorce and you and your spouse signed a nuptial agreement (either before your marriage or after), you need to inform your lawyer of that fact immediately. That seems like a rather obvious statement, but I have seen cases where the client's failed to mention to their lawyers that a prenuptial had been signed until well into the divorce litigation. It is critical for your lawyer to have a copy of the prenuptial and any amendments that may later have been made to it as early in the process as possible, in order for the lawyer to be able to properly advise you.
Prenups are generally valid in Alabama if certain requirements are met - these basically have to do with full disclosure of the assets and the availability of independent counsel, abscence of duress, etc.
If all of the conditions are met and the prenup is valid, then its terms will usually govern the dispostion of the assets and debts and terms of any property settlement and/or alimony.
Custody, child support, visitation, and other issues regarding the best interests of the children are generally not issues that can be addressed in the prenup and thus will have to be resolved through the divorce case (through negotiation, alternative dispute resolution or trial).
That's a good tip! This is something that has happened to me before. There's nothing like receiving a letter from opposing counsel saying: "Of course you know that your client signed a prenuptial agreement. I can provide you with a copy if you like."
Nowadays, as part of my standard intake form for new clients, I ask whether they've signed a prenuptial agreement. These agreements becoming more and more common.
It's also important to tell your lawyer under what circumstances your prenuptial agreement was signed. This is so your lawyer can decide whether it may be possible to invalidate the agreement.
My mother's husband and his attorney hired my mothers attorney for a prenup, and then popped it on her 2 days before the wedding. She walked into a law office and an attorney introduced himself and said, "I will be your attorney". Is that acceptable practice in the field of law?
Todd,
Two of the requirements for a prenuptial to be held valid are (1) adequate, independnent legal advice, and (2) the abscence of duress. The facts as you describe them indicate that at the very least she has a window of opportunity to argue that her prenup did not meet either of these requirements and therefore should not be held enforceable. In the end, it is up for the Court to decide. Obviously she needs to get a lawyer that specializes in the divorce work to review the prenup for her and see if these defenses may be worth pursuing or not.
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