Updated April 22, 2024
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An Alabama prenuptial agreement is used by a couple who is about to get married and would like to identify and separate their assets prior to the wedding. The agreement allows for each party to disclose their assets and debts to one another to keep separate from the marital property which would be split up at the time of a divorce. In Alabama, the only issue that would affect the agreement’s validity is if a court deemed it to unfairly favor one side.
Laws
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]