Fellow family law blogger, Jeffrey Lalloway of the California Divorce and Family Law Blog, recently concluded a series of posts on what to include in your prenuptial agreement.
It is a great series (as is his blog). I emphasize numbers 2 and 12 as these are two issues that, if properly addressed, can help ensure the validity of a prenuptial agreement in Alabama (i.e. full disclosure and representation by a lawyer for both parties).
Also, when reading, keep in mind that Alabama is not a community property state like California. Thus, some of the terminology might be different, though the issues regarding the divisibilty of property would be the same. And, I must admit, I’ve not had the prenuptial in which we included number 13 (but I have seen it come up in divorces before!)
Here are the first three items on his list (check out his blog for the remainder):
1. Decide how all of your debts will be handled. This includes those debts incurred before you are married and those incurred after you are married.
2. Make sure you disclose all of your assets, liabilities, sources of income, and any other potential future assets, such as gifts or inheritances.
3. Should you divorce or die, decide who will get your primary residence or any vacation homes.