PREMARITAL AGREEMENT
(Alabama – Governed by Ala. Code §§ 30-4-9 et seq.)
[// GUIDANCE: This template is drafted to comply with Alabama’s adoption of the Uniform Premarital Agreement Act (“UPAA”). Customize bracketed items, attach the required financial disclosures (Schedules A & B), and obtain independent legal review before execution.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
- Schedules (Financial Disclosure)
1. DOCUMENT HEADER
1.1 Title and Parties
This Premarital Agreement (the “Agreement”) is entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between:
• [PARTY A FULL LEGAL NAME], residing at [ADDRESS] (“Party A”), and
• [PARTY B FULL LEGAL NAME], residing at [ADDRESS] (“Party B”)
(collectively, the “Parties,” and each a “Party”).
1.2 Recitals
A. The Parties contemplate legal marriage on [ANTICIPATED WEDDING DATE] in [COUNTY], Alabama and desire to fix and determine their respective property rights and obligations in the event of marital dissolution, death, or other designated events.
B. The Parties intend this Agreement to be a premarital agreement within the meaning of Ala. Code §§ 30-4-9 et seq.
C. Each Party has made a full, fair, and reasonable disclosure of his or her property, debts, and financial obligations, as set forth on Schedules A (Party A) and B (Party B).
D. Each Party enters this Agreement voluntarily, free of duress, fraud, or undue influence, having had (or knowingly waived) the opportunity to consult independent counsel.
1.3 Consideration
The mutual promises herein and the forthcoming marriage constitute adequate consideration.
2. DEFINITIONS
For purposes of this Agreement, capitalized terms have the meanings set forth below. Undefined capitalized terms shall have their ordinary legal meaning.
“Affiliate” – any entity directly or indirectly controlled by, controlling, or under common control with a Party.
“Commencement Date” – the date the Parties legally solemnize their marriage.
“Marital Property” – all property acquired jointly or severally by either Party after the Commencement Date that is not Separate Property.
“Separate Property” – (a) property owned by a Party prior to the Commencement Date; (b) property acquired by gift, devise, or inheritance to one Party alone; (c) proceeds, appreciation, and substitutions thereof; and (d) any property designated in this Agreement or by written instrument executed after the Commencement Date as that Party’s Separate Property.
“Triggering Event” – (i) legal separation or dissolution of marriage, (ii) a Party’s death, or (iii) such other event expressly identified herein.
3. OPERATIVE PROVISIONS
3.1 Classification of Property
3.1.1 Separate Property. Each Party’s Separate Property shall remain that Party’s sole and exclusive property, free from any claim by the other Party.
3.1.2 Marital Property. Except as otherwise provided herein, property acquired after the Commencement Date shall constitute Marital Property and be subject to equitable division under Alabama law.
3.1.3 Transmutation. Any transmutation of Separate Property into Marital Property (or vice-versa) must be evidenced by a contemporaneous, signed writing expressly referencing this Section 3.1.3.
3.2 Management and Control
Each Party retains sole management, control, and disposition rights over his or her Separate Property. Either Party may manage Marital Property unless otherwise agreed in writing.
3.3 Spousal Support / Alimony
3.3.1 Waiver. Subject to Section 3.3.2, each Party hereby waives any right to receive alimony or spousal maintenance from the other Party upon a Triggering Event.
3.3.2 Public Assistance Safeguard. If enforcement of the waiver would render a Party eligible for public assistance, a court may require the other Party to provide support sufficient to avoid such eligibility, as permitted under Ala. Code § 30-4-11.
3.4 Death of a Party
Upon death, the surviving Party waives all statutory elective, intestate, homestead, and dower rights in the deceased Party’s Separate Property, except as otherwise provided in the deceased Party’s testamentary instruments.
3.5 Life Insurance
Each Party shall maintain a life-insurance policy designating the other Party as beneficiary in the face amount of [$ AMOUNT] until the earliest to occur of (a) death, (b) entry of final judgment of divorce, or (c) mutual written agreement to terminate.
3.6 Conditions Precedent
The validity of this Agreement is conditioned on the Parties’ marriage occurring on or before [OUTSIDE DATE]. If the marriage does not occur by such date, this Agreement is void ab initio.
4. REPRESENTATIONS & WARRANTIES
4.1 Capacity. Each Party represents that he or she is at least 18 years old, mentally competent, and under no legal impediment to marry.
4.2 Independent Counsel. Each Party (check one):
[ ] was represented by independent counsel (identified below)
[ ] knowingly and voluntarily waived the right to independent counsel.
4.3 Full Disclosure. Each Party warrants that Schedules A and B are complete, accurate, and not misleading as of the Effective Date.
4.4 No Unconscionability. Each Party acknowledges that, in light of the disclosures made, the terms herein are fair and reasonable and not unconscionable.
4.5 Survival. The representations and warranties survive execution of this Agreement and any Triggering Event.
5. COVENANTS & RESTRICTIONS
5.1 Further Assurances. Each Party shall execute such additional instruments as may be reasonably necessary to carry out the intent of this Agreement.
5.2 Debts. Each Party covenants not to contract debts in the other Party’s name without express written consent.
5.3 Confidentiality. Except as required by law or court order, neither Party shall disclose the terms of this Agreement.
5.4 Notice of Address Change. A Party shall notify the other in writing within ten (10) days of any change in address.
6. DEFAULT & REMEDIES
6.1 Events of Default
(a) Material misrepresentation or omission in Schedules A or B;
(b) Failure to comply with Section 3.5 (Life Insurance);
(c) Breach of any covenant that remains uncured thirty (30) days after written notice.
6.2 Cure. The non-breaching Party must provide written notice specifying the default. The breaching Party has thirty (30) days to cure before remedies accrue.
6.3 Remedies
(a) Specific Performance or injunctive relief;
(b) Monetary damages capped per Section 7.2;
(c) Attorney’s Fees per Section 6.4.
6.4 Attorney’s Fees. The prevailing Party in any enforcement action shall be entitled to reasonable attorney’s fees and costs.
7. RISK ALLOCATION
7.1 Mutual Indemnification
Each Party (the “Indemnifying Party”) shall indemnify, defend, and hold harmless the other Party and his or her Affiliates from any Losses arising out of (i) the Indemnifying Party’s breach of this Agreement or (ii) inaccuracies in that Party’s financial disclosures.
7.2 Limitation of Liability
Except for intentional misconduct or fraud, the aggregate liability of an Indemnifying Party shall not exceed [CAP AMOUNT OR FORMULA].
7.3 Force Majeure
Neither Party shall be liable for delay or failure in performance (excluding payment obligations) resulting from acts beyond reasonable control, including natural disasters, war, or governmental action.
8. DISPUTE RESOLUTION
8.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Alabama, without regard to conflict-of-laws principles.
8.2 Forum Selection. Subject to Section 8.3, any action arising out of or relating to this Agreement shall be brought exclusively in the [COUNTY] Circuit Court (Family Division).
8.3 Arbitration (Limited Availability)
(a) Scope. Upon mutual written agreement after a dispute arises, the Parties may submit property-related disputes (excluding child-related issues) to binding arbitration administered by [ARBITRATION PROVIDER] under its domestic relations rules.
(b) Reservation of Jurisdiction. The Family Court retains exclusive jurisdiction over matters that cannot be arbitrated by law (e.g., child custody, child support).
8.4 Injunctive Relief. Each Party acknowledges that monetary damages may be inadequate and that specific performance is an appropriate remedy.
8.5 Jury Waiver. Family-court proceedings are tried without a jury; accordingly, any right to a jury trial is inapplicable and hereby waived to the extent permissible.
9. GENERAL PROVISIONS
9.1 Amendments & Waivers. Any amendment or waiver must be in a signed writing expressly referring to this Section 9.1.
9.2 Assignment. No Party may assign rights or delegate duties without prior written consent of the other Party, except by operation of law upon death.
9.3 Successors & Assigns. This Agreement binds and benefits the Parties and their respective heirs, legal representatives, and permitted assigns.
9.4 Severability. If any provision is held invalid or unenforceable, it shall be reformed to the minimum extent necessary to give effect to the Parties’ intent, and the remainder shall remain in full force.
9.5 Integration. This Agreement constitutes the entire understanding between the Parties regarding its subject matter and supersedes all prior oral or written agreements.
9.6 Counterparts; Electronic Signatures. This Agreement may be executed in counterparts, each of which is deemed an original; signatures transmitted electronically (e.g., PDF, DocuSign) are binding.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.
| Party A | Party B |
|---|---|
| _______ | _______ |
| [PARTY A FULL LEGAL NAME] | [PARTY B FULL LEGAL NAME] |
| Date: _______ | Date: _______ |
Acknowledgment (Notary Public)
State of Alabama
County of [__]
On this _ day of _, 20___, before me, the undersigned Notary Public, personally appeared [PARTY A] and [PARTY B], known to me (or satisfactorily proven) to be the persons whose names are subscribed to the foregoing instrument, and acknowledged that they executed the same for the purposes therein contained.
Notary Public
My Commission Expires: __
[// GUIDANCE: Although Alabama’s UPAA does not require notarization, obtaining notarized acknowledgments bolsters enforceability.]
11. SCHEDULES (Financial Disclosure)
• Schedule A – Party A Statement of Assets, Liabilities & Income
• Schedule B – Party B Statement of Assets, Liabilities & Income
[// GUIDANCE: Attach detailed, itemized financial statements. Include real estate appraisals, account statements, business valuations, debt schedules, and income documentation. Inadequate disclosure is a primary basis for judicial invalidation.]
End of Document