An Alabama prenuptial agreement is a legal contract entered into by individuals planning to marry, outlining the division of assets and responsibilities in the event of divorce. To be valid, it must be in writing, signed by both parties voluntarily, and executed before the marriage occurs.
Both parties must provide full and fair disclosure of their assets and liabilities, and the agreement must not be unconscionable or against public policy. The primary concern regarding the validity of such agreements pertains to fairness, with courts assessing whether the terms excessively favor one party over the other.
Legal Considerations
Laws:
- Title 30 – Marital and Domestic Relations
- Barnhill v. Barnhill, 386 So. 2d 749 (Ala. Civ. App. 1980) – Case
- Stadther v. Stadther (1988) – Consideration
Signing Requirements: This agreement is for both spouses exclusively. Although not mandatory, it is strongly advised to have it signed in the presence of a notary public (Barnhill v. Barnhill, 386 So. 2d 749 (Ala. Civ. App. 1980)).
Dividing Property: Equitable division (Ala. Code § 30-2-51).
Enforceability Requirements
Invalid Prenup Provisions
A prenup in Alabama may become invalid if:
- The consideration was inadequate and the transaction was deemed unfair or inequitable from the other party’s perspective.
- The agreement wasn’t entered into freely and voluntarily, lacking competent, independent advice.
- One party wasn’t fully aware of their interest in the estate and its approximate value at the time of signing.
In essence, the agreement’s validity hinges on the transaction’s fairness and the parties’ informed consent.
