Alabama Postnuptial Agreement

Updated June 25, 2022

An Alabama postnuptial agreement is a legal document that a married couple may create to control how property will be distributed should the marriage end because of death or divorce. Postnuptial agreements, sometimes called martial agreements, are different from prenuptial agreements (prenups) because they are entered into after a couple is already married. In some states, the laws for the two types of agreements will be similar, while postnuptial agreements face more exacting standards in others.

Signing Requirements (Barnhill v. Barnhill (1980)) – Both spouses must sign the agreement.

Laws

Burden of Proof: The party seeking to enforce the agreement has the burden of showing that the consideration was adequate, meaning that the parties gave up something in return for whatever benefit the agreement provided. This party also has the burden of showing either:

  • That the entire transaction was fair, just, and equitable from the other party’s point of view, or;
  • That both spouses entered into the agreement with competent, independent advice and complete knowledge of the other spouse’s properties and their approximate values.

Source: Barnhill v. Barnhill (1980)

Prenup v. Postnup: This standard applies to both prenuptial and postnuptial agreements. Tibbs v. Anderson (1991).