Download the Alabama Prenuptial Agreement Form [PDF]

The Alabama prenuptial agreement, or prenup agreement, is a legal document that the couple creates and outlines all their assets and debts before their marriage. The couple uses this agreement to determine what assets will not be part of their marital property. In the case of a divorce, that property will not be divided between the spouses. 

This agreement provides additional security to each spouse and enables easier property division after marriage. The prenuptial agreement form is also used to protect the inheritance of the children the spouses had before the marriage.

Laws and Legal Requirements for a Prenuptial Agreement in Alabama

Most of the states have adopted the Uniform Prenuptial Agreement Act, which sets the rules for the prenuptial agreement form. However, Alabama did not adopt this act. Alabama regulates this matter based on precedents. Tibbs v. Anderson, 580 So. 2d 1337 (Ala. 1991) provides 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.”

Signing Requirements for a Prenuptial Agreement in Alabama

According to Alabama state law, the party who is giving up their rights under the agreement must sign the document. However, it is always better that both future spouses sign the prenuptial agreement.

The prenuptial agreement form should be signed in front of a notary public. Additionally, you can provide two adult witnesses who will sign the prenuptial agreement and additionally confirm the authenticity of the document.

Prenuptial Agreement Enforcement in Alabama

Since Alabama didn’t adopt the Uniform Prenuptial Agreement Act, the state law provides the criteria for this document’s enforceability.

The party giving up their rights should sign the document. Moreover, each party must disclose their assets and debts. This can be done by attaching the financial statement to the agreement. 

Future spouses are not obliged to provide a detailed breakdown of their assets and debts but rather provide sufficient information needed for a general overview of their partner's financial situation.

What Can a Prenuptial Agreement in Alabama Cover?

The prenuptial agreement enables after marriage division of the property by outlining what assets and debts were part of each partner's individual property before the marriage and what assets were obtained during the marriage and should be divided between the spouses.

Another important matter that this document often regulates is alimony. It includes an agreement on whether one of the partners will be obliged to pay the alimony to the other partner during or after divorce. However, this document can’t regulate child custody or child support.

Additionally, the prenuptial agreement template can regulate how the partners will split their income, debt, or property during the marriage. They can agree to split it in a certain pre-agreed proportion (30/70, 50/50) or proportionate to each spouse’s income.

Our advanced Alabama prenuptial agreement template includes all the provisions that this type of document can include, and our professional document builder will help you select the provisions you wish to include. 

Prenuptial Agreement in Alabama Validity Criteria

In Alabama, the court will make a decision on whether the prenuptial agreement can be enforced or not.

The court will first determine if the other spouse viewed the agreement as fair and equitable when signing it and if they have entered into the agreement voluntarily. Additionally, the court will determine if the spouse had complete knowledge of the other spouse’s financial situation.

Therefore, the reasons for the court to determine the prenuptial agreement as invalid can be: