Case – Barnhill v. Barnhill, 386 So. 2d 749 (Ala. Civ. App. 1980)

“established the either/or test that we use here in determining whether the agreement is valid. This test may be applied in postnuptial agreements, as well as prenuptial agreements, and it states that, in order for an agreement to be valid, the one seeking to enforce the agreement ‘has the burden of showing that the consideration was adequate and that the entire transaction was fair, just and equitable’ from the other party’s point of view or ‘that the agreement was freely and voluntarily entered into … with competent, independent advice and full knowledge of [any] interest in the estate and its approximate value.”

Consideration – Marriage is sufficient consideration for a prenup to be valid.^[2]