Prenuptial Agreement

PREMARITAL AGREEMENT — ALABAMA

Alabama courts closely scrutinize premarital agreements. The Party seeking enforcement bears the burden described in Brown v. Brown, Ex parte Williams, and Barnhill v. Barnhill. Each Party should retain separate Alabama counsel, exchange complete valued financial disclosures, and sign well before the wedding.

This form does not determine child custody, parenting time, or child support and does not guarantee that a court will enforce any waiver.

1. Parties, Marriage, and Purpose

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”).

A. The Parties intend to marry on [ANTICIPATED WEDDING DATE] in [COUNTY], Alabama.

B. The Parties want to state their agreements concerning property, debts, support, and selected rights at death, while preserving all nonwaivable rights and judicial authority.

C. Each Party has delivered the signed, dated, and valued financial disclosure attached as Schedule A or Schedule B, including assets, debts, income, business interests, trusts, expected inheritances known with reasonable certainty, and material contingent liabilities.

D. Each Party has had meaningful time to review the Agreement and the other Party's disclosure and to obtain competent, independent legal advice.

E. The Parties enter the Agreement voluntarily and without fraud, coercion, duress, or undue influence. The forthcoming marriage and the mutual promises in this Agreement are the stated consideration.

2. Property Definitions and Elections

For purposes of this Agreement, capitalized terms have the meanings set forth below. Undefined capitalized terms shall have their ordinary legal meaning.

“Marriage Date” means the date the Parties legally marry.

“Separate Property” means the property identified for a Party on Schedule A or B, plus property later acquired by that Party alone by gift or inheritance, and any other property expressly classified as separate in a signed amendment.

“Joint Property” means property the Parties intentionally title in both names or expressly classify as joint in a signed writing.

2.1 Premarital and Gift/Inheritance Property

Each Party retains that Party's Separate Property, subject to the exact elections below and any later signed amendment.

2.2 Appreciation, Income, and Contributions

For each material asset, Schedule A or B must state whether appreciation, income, retained earnings, distributions, debt reduction, or value attributable to either Party's labor or marital contributions will remain separate, become joint, or be allocated by a stated formula. A blanket label without this asset-level election is not intended to decide those issues.

2.3 Earnings During Marriage

Check one and complete any conditions:

☐ Each Party's earnings during marriage remain that Party's Separate Property unless intentionally placed into Joint Property.

☐ Earnings during marriage are Joint Property.

☐ Other rule: [____________________________________________________________]

2.4 Joint Title and Commingling

The effect of joint title, joint accounts, payments from mixed funds, improvements, debt reduction, or regular use for the Parties' common benefit must be stated for each affected asset in the schedules or a later signed writing. If this Agreement is not enforced, Ala. Code § 30-2-51 supplies the statutory divorce baseline, including its rules for premarital, gifted, inherited, and retirement property.

2.5 Debts

Each premarital debt is assigned on Schedule A or B. A debt incurred after marriage is allocated as follows: [____________________________________________________________]

3. Support, Retirement, Death, and Insurance Elections

3.1 Alimony

Ala. Code § 30-2-57 supplies the statutory rehabilitative and periodic alimony baseline if no enforceable agreement controls. Check one:

☐ The Parties reserve all alimony rights and defenses for determination under law then applicable.

☐ Party A waives alimony from Party B, subject to judicial review of this Agreement's enforceability.

☐ Party B waives alimony from Party A, subject to judicial review of this Agreement's enforceability.

☐ The Parties adopt the support formula in Schedule C.

3.2 Retirement and Benefit Plans

Schedule D must identify each retirement or benefit plan, the intended treatment, applicable limits, and whether plan counsel requires a later plan-specific consent, beneficiary form, or order. Do not rely on this paragraph alone for a plan right that requires additional documents.

3.3 Surviving-Spouse Rights

Under Ala. Code § 43-8-72, a prospective spouse may wholly or partly waive the elective share, homestead allowance, exempt property, family allowance, intestate succession, and specified pre-waiver will benefits by a signed writing after fair disclosure. Check one:

☐ Neither Party waives surviving-spouse rights in this Agreement.

☐ Each Party makes the waiver stated in Schedule E after reviewing the other Party's fair disclosure.

☐ Only [PARTY] makes the waiver stated in Schedule E after fair disclosure.

3.4 Life Insurance

☐ No life-insurance obligation is created.

☐ The completed obligation in Schedule F applies, subject to policy terms and insurer requirements.

3.5 Marriage Condition

This Agreement becomes operative only if the Parties marry on or before [OUTSIDE DATE]. If they do not, it has no effect.

3.6 Child-Related Matters

This Agreement does not fix or limit child custody, parenting time, child support, or another child's right. Those matters are reserved for determination under law applicable when the issue arises.

4. Enforceability Safeguards and Acknowledgments

4.1 Capacity. Each Party represents that the Party has legal capacity to enter this Agreement and is under no legal impediment to the contemplated marriage.

4.2 Independent Counsel.

Party A counsel: [________________________________] ☐ represented ☐ declined after written recommendation

Party B counsel: [________________________________] ☐ represented ☐ declined after written recommendation

The Parties understand that an unrepresented Party may face a materially greater enforcement risk. No lawyer is designated in this Agreement as counsel for both Parties.

4.3 Financial Disclosure. Each Party represents that the Party's signed schedule is complete and not materially misleading and states approximate current values and balances as of [DISCLOSURE DATE]. Each Party has received the other schedule and supporting documents listed there.

4.4 Review Time. First complete draft delivered to Party A on [__/__/____] and Party B on [__/__/____]. Wedding date: [__/__/____]. Material revisions after counsel review: [________________________________]

4.5 Voluntariness. No Party has threatened to cancel the wedding at a time or under circumstances that deprived the other Party of a meaningful choice, withheld material financial information, or prevented reasonable access to independent advice. The Parties have considered the coercion and disclosure concerns addressed in Ex parte Williams.

4.6 Understanding. Each Party has read the Agreement, understands the rights being preserved or waived, and has had questions answered. Any interpreter, accommodation, or translated version used is identified here: [________________________________]

4.7 No Predetermined Finding. These acknowledgments are evidence of the signing process but do not bind a court to find the Agreement fair, voluntary, or enforceable.

5. Administration During Marriage

5.1 Records. Each Party will keep reasonable records tracing property claimed as separate and will update schedules when the Parties sign a material amendment.

5.2 Debts. Neither Party may contract a debt in the other Party's name without actual authority.

5.3 Confidentiality. The Parties may disclose this Agreement to counsel, tax advisers, financial institutions, insurers, plan administrators, courts, or others as reasonably necessary to implement or enforce it or as required by law.

5.4 Amendment or Revocation. Any amendment or revocation must be in a signed writing identifying this Agreement. The Parties should repeat the separate-counsel, voluntariness, and disclosure process for a material postmarital change; Ala. Code § 30-4-9 subjects spousal contracts to confidential-relationship rules.

6. Enforcement and Remedies

6.1 No Commercial Default Machinery. This Agreement does not impose a cure period, indemnity, liability cap, force-majeure defense, automatic injunction, or automatic fee award.

6.2 Disclosure Breach. A material omission, false statement, concealment, or coercive signing circumstance may affect enforcement. The available relief is determined by the court under applicable law and the proven facts.

6.3 Fees. Each Party is responsible for that Party's own fees unless a court order, applicable law, or a separately negotiated and counsel-approved provision provides otherwise.

6.4 Severability. If a provision is not enforceable, a court may determine whether the remaining provisions can operate independently.

7. Governing Law and Court

7.1 Governing Law. Alabama law governs, subject to any nonwaivable law applicable to a particular asset, benefit plan, estate, or proceeding.

7.2 Court. A proceeding concerning this Agreement must be filed in a court of competent jurisdiction and proper venue. This form does not assume that every Alabama county has a separate “Family Division.”

7.3 No Arbitration or Jury Waiver. This form includes no arbitration agreement and no jury-trial waiver. Any later dispute-resolution agreement requires separate counsel review and may not control child-related or other nonwaivable matters.

8. General Provisions

8.1 Further Instruments. Each Party will sign documents reasonably necessary to carry out an enforceable election in this Agreement, including plan, title, beneficiary, or estate documents separately required by law or a third party.

8.2 Entire Agreement. This Agreement and its completed schedules state the Parties' agreement on the subjects addressed. No oral statement changes it.

8.3 No Assignment. Neither Party may assign a personal right or duty under this Agreement except as applicable law permits.

8.4 Counterparts. The Parties may sign counterparts. Use handwritten signatures unless Alabama counsel approves an electronic-signature process for the completed transaction.

9. Execution

The Parties sign after receiving the final Agreement and all schedules, completing independent review, and confirming that no material blank remains.

Counsel Certifications

Party A counsel: I reviewed the Agreement and disclosure with Party A and advised Party A independently.

Signature: _______________________________ Date: [__/__/____]

Party B counsel: I reviewed the Agreement and disclosure with Party B and advised Party B independently.

Signature: _______________________________ Date: [__/__/____]

Acknowledgment (Recommended)

If the signatures are notarized, attach the current Alabama acknowledgment certificate selected and completed by the notary or reviewing counsel.

10. Required Schedules

• Schedule A — Party A assets, approximate values, title, basis, income, debts, contingent liabilities, supporting documents, and property elections.
• Schedule B — Party B assets, approximate values, title, basis, income, debts, contingent liabilities, supporting documents, and property elections.
• Schedule C — Alimony formula, only if selected.
• Schedule D — Retirement and benefit-plan elections and required later consents or orders.
• Schedule E — Surviving-spouse waiver, only if selected, with the fair disclosure relied upon.
• Schedule F — Life-insurance obligation, only if selected.

Each financial schedule must be signed and dated by the disclosing Party and acknowledged as received by the other Party.

Sources and References

• Ala. Code § 30-4-9 — Contracts between spouses
• Ala. Code § 30-2-51 — Property and retirement-benefit baseline
• Ala. Code § 30-2-57 — Rehabilitative and periodic alimony
• Ala. Code § 43-8-72 — Waiver of surviving-spouse rights
• Brown v. Brown, 26 So. 3d 1222 (Ala. 2009)
• Ex parte Williams, 617 So. 2d 1032 (Ala. 1992)
• Barnhill v. Barnhill, 386 So. 2d 749 (Ala. Civ. App. 1980)