Postnuptial Agreement

POSTNUPTIAL AGREEMENT

Table of Contents

1. Parties and Recitals
2. Purpose and Intent
3. Financial Disclosure
4. Property Classification
5. Division of Assets
6. Division of Debts
7. Spousal Support
8. Estate Planning Coordination
9. Enforceability Provisions
10. General Provisions
11. Execution

1. Parties and Recitals

THIS POSTNUPTIAL AGREEMENT ("Agreement") is entered into on [__/__/____] by and between:

First Spouse:
Name: [________________________________]
Date of Birth: [__/__/____]
Address: [________________________________]

Second Spouse:
Name: [________________________________]
Date of Birth: [__/__/____]
Address: [________________________________]

(collectively, the "Parties" or "Spouses")

Recitals

WHEREAS, the Parties were lawfully married on [__/__/____] in [________________________________] County, Alabama (the "Marriage");

WHEREAS, the Parties wish to define and establish their respective rights and obligations regarding property, finances, and support during the marriage and in the event of separation, divorce, or death;

WHEREAS, each Party has made a full, fair, and complete disclosure of all assets, liabilities, income, and financial obligations as set forth in the attached Exhibits;

WHEREAS, each Party has had the opportunity to retain and consult with independent legal counsel of their own choosing;

WHEREAS, each Party enters into this Agreement freely, voluntarily, and without coercion, duress, or undue influence;

NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the Parties agree as follows:

2. Purpose and Intent

2.1 The purpose of this Agreement is to settle the Parties' respective rights in property, support, and related financial matters.

2.2 This Agreement is intended to be a binding and enforceable contract under Alabama law.

3. Financial Disclosure

3.1 Each Party represents and warrants that they have made a full, complete, and accurate disclosure of all assets, debts, income, and financial obligations, attached hereto as:

• Exhibit A — Financial Disclosure of First Spouse
• Exhibit B — Financial Disclosure of Second Spouse

3.2 Each Party acknowledges receipt and review of the other Party's financial disclosure.

3.3 Each Party acknowledges that the disclosures are sufficient to allow an informed and voluntary decision to enter into this Agreement.

☐ First Spouse acknowledges receipt of Exhibit B
☐ Second Spouse acknowledges receipt of Exhibit A

4. Property Classification

4.1 Separate Property. The following shall be and remain the separate property of each respective spouse:

First Spouse's Separate Property:
| Description | Estimated Value |
|---|---|
| [________________________________] | $[________] |
| [________________________________] | $[________] |
| [________________________________] | $[________] |

Second Spouse's Separate Property:
| Description | Estimated Value |
|---|---|
| [________________________________] | $[________] |
| [________________________________] | $[________] |
| [________________________________] | $[________] |

4.2 Marital Property. The following property shall be classified as marital property:

4.3 Income and Appreciation. Income from and appreciation of separate property shall be classified as: ☐ Separate Property ☐ Marital Property

5. Division of Assets

5.1 In the event of divorce, separation, or dissolution, the Parties agree that assets shall be divided as follows:

Marital Residence:
Address: [________________________________]
Disposition: [________________________________]

Financial Accounts:
| Account Description | Owner/Division |
|---|---|
| [________________________________] | [________________________________] |
| [________________________________] | [________________________________] |

Retirement Accounts:
| Account Description | Owner/Division |
|---|---|
| [________________________________] | [________________________________] |
| [________________________________] | [________________________________] |

Business Interests:
[________________________________]

Vehicles and Personal Property:
[________________________________]

6. Division of Debts

6.1 The Parties agree to allocate responsibility for debts as follows:

6.2 Neither Party shall incur any debt or obligation for which the other Party may be held liable without written consent.

7. Spousal Support

7.1 In the event of divorce or separation, the Parties agree to the following spousal support arrangement:

☐ Waiver of spousal support by both Parties
☐ Spousal support to be paid as follows:

• Payor: [________________________________]
• Amount: $[________] per ☐ month ☐ year
• Duration: [________________________________]
• Termination Events: [________________________________]

7.2 Spousal support provisions ☐ shall ☐ shall not be modifiable by the court.

8. Estate Planning Coordination

8.1 Each Party agrees to ☐ execute ☐ update their estate planning documents within [____] days of executing this Agreement to be consistent with the terms herein.

8.2 Unless otherwise provided herein, each Party retains the right to dispose of their separate property by will or trust as they see fit.

8.3 Regarding elective share and survivor rights:
[________________________________]

9. Enforceability Provisions

9.1 Voluntariness. Each Party acknowledges they are entering into this Agreement voluntarily, without coercion, duress, fraud, or undue influence.

9.2 Independent Counsel.
☐ First Spouse has been represented by: [________________________________], Esq.
☐ Second Spouse has been represented by: [________________________________], Esq.
☐ A Party has knowingly waived the right to independent counsel (attach signed waiver)

9.3 Full Disclosure. Each Party certifies that the financial disclosures attached as Exhibits are complete, accurate, and made in good faith.

9.4 Fairness. The Parties acknowledge that the terms of this Agreement are fair and reasonable and are not unconscionable.

9.5 Severability. If any provision is held unenforceable, the remaining provisions shall remain in full force and effect.

9.6 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Alabama.

10. General Provisions

10.1 Entire Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes all prior negotiations and agreements, oral or written.

10.2 Amendments. This Agreement may be amended only by a written instrument signed by both Parties.

10.3 No Waiver. Failure to enforce any provision shall not constitute a waiver of that provision.

10.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be an original.

10.5 Child Custody and Support. Nothing in this Agreement shall be construed to address child custody, visitation, or child support, which are determined by the court based on the best interests of the child.

11. Execution

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

First Spouse:

Signature: ___________________________________
Printed Name: [________________________________]
Date: [__/__/____]

Second Spouse:

Signature: ___________________________________
Printed Name: [________________________________]
Date: [__/__/____]

NOTARY ACKNOWLEDGMENT

STATE OF ALABAMA
COUNTY OF [________________________________]

Before me, the undersigned Notary Public, on this [____] day of [____________], [____], personally appeared [________________________________] and [________________________________], known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same in their authorized capacities and that by their signatures on the instrument, the persons, or the entity upon behalf of which the persons acted, executed the instrument.

WITNESS my hand and official seal.

Signature: ___________________________________
Notary Public, State of Alabama
My Commission Expires: [__/__/____]

[SEAL]

WITNESS ATTESTATION

Witness 1:
Signature: ___________________________________
Printed Name: [________________________________]
Date: [__/__/____]

Witness 2:
Signature: ___________________________________
Printed Name: [________________________________]
Date: [__/__/____]

STATE-SPECIFIC NOTES — ALABAMA

• Alabama is an equitable distribution state; marital property is divided fairly but not necessarily equally.
• Alabama courts enforce postnuptial agreements as contracts, subject to heightened scrutiny for voluntariness, full disclosure, and fairness.
• Independent legal counsel for both parties is strongly recommended; courts may view lack of counsel as evidence of involuntariness.
• The agreement must not be unconscionable — grossly one-sided terms risk invalidation.
• Child custody and support cannot be determined by agreement; the court retains jurisdiction per the best interests of the child standard.
• Notarization and witnesses, while not strictly required by statute, significantly strengthen enforceability.
• If real property is conveyed, appropriate deeds should be recorded with the county Probate Judge's office.

Sources and References

• Alabama Code Title 30 — Marital and Domestic Relations
• Ala. Code § 30-2-51 et seq. (Alimony and Property Division)
• Ala. Code § 30-4-9 (Agreements Between Spouses)