Ozark, Alabama

3 Things to Include in a Prenuptial Agreement September 10, 2019

Ozark, Dale
3 Things to Include in a Prenuptial Agreement, Ozark, Alabama

In family law, a prenuptial agreement is a document that allows a soon-to-be-married couple to make plans for finances and assets in the event the union ends in divorce. The main goal of a prenup is to protect the interests of both spouses and ensure they leave the marriage with a certain amount of financial support and stability. Here are some crucial elements to include in this essential family law document.

What to Include in a Prenuptial Agreement

1. Distinguish Property Ownership

Alabama considers any property accumulated during the course of a marriage to be a marital asset, which means it will be distributed equitably among divorcing spouses. If you want to decide who retains ownership of marital property in a divorce, state these plans in your prenup. Otherwise, family law courts will determine ownership, and their decision may not be in your favor. Also, if you enter into a marriage with certain property and want to be sure to retain it after the marriage, include this information in a prenup as well.

2. Protect Against Debt

Debts can be managed in a prenup in the same way assets can. If one spouse has current or potential future debts that they don't want their spouse to be legally responsible for in the event of divorce, stipulate this arrangement in the prenup. Otherwise, the other spouse may be held liable for repaying the debt.

3. Provide for Children From a Previous Relationship

family lawWhen you have children from a prior relationship, include them in your prenup as a way of safeguarding their inheritance. If a person passes away unexpectedly without a will or prenup in place, the children from the current union will become the legal next of kin, which could preclude the kids from a previous relationship from inheriting any of the deceased's assets. By stating inheritance plans in a prenup, your wishes will supersede next-of-kin laws and look out for the best interests of all your children.


Ray T. Kennington, Attorney at Law, has been representing clients throughout the Ozark and Enterprise, AL, areas since 1982. In addition to family law cases, Attorney Kennington offers legal support in bankruptcies, personal injuries, and Social Security claims. He will work with you to design a prenuptial agreement that meets the needs of your changing family. Call (334) 445-1200 or visit his law firm online to schedule a consultation.

Other Announcements, Events and Deals from Ray T. Kennington, Attorney At Law
3 Likely Reasons Why Your Social Security Disability Claim Was Denied, Ozark, Alabama
The inability to earn a steady income due to a medical condition leads to financial hardship for many people, leading them to file a Social Security disability claim. However, the ma...read more
Understanding Priority & Non-Priority Debts in Bankruptcy, Ozark, Alabama
Bankruptcy law classifies debts into two categories: priority and non-priority. This means that some creditors take precedence and will be paid before others. The type of bankru...read more
3 Ways COVID-19 Has Affected Filing for Bankruptcy, Ozark, Alabama
The COVID-19 pandemic has impacted every area of life, and the legal system isn't an exception. To help citizens and businesses during such a tough time, the U.S. Congress passe...read more
What to Expect at a Social Security Disability Hearing, Ozark, Alabama
As the date of your Social Security disability hearing approaches, it helps to be aware of what typically goes on during such proceedings. Presenting your story in front of an admini...read more
How to Minimize Stress During the Bankruptcy Process, Ozark, Alabama
Accepting the state of your finances and deciding to file for bankruptcy requires both humility and bravery. Once the process begins, you’ll be confronted with a whole new set of emo...read more