In Alabama, prenuptial agreements are concluded by couples if they intend to separate their pre-marriage property before getting married. In this type of prenuptial agreement sample, future spouses are supposed to inform each other about their property and indebtedness to be included in their future after-wedding joint assets.
In Alabama, prenups’ conclusion, enforcement, and validity are governed by Ala. Code § 30-4-9 (2007) and Section 30-4-9. Generally, such contracts are executed in the written form, and according to the law, it’s possible to waive survivor rights under the last will. Besides, these regulations govern spouses’ rights to enter into agreements with each other, but such arrangements between family members refer to confidential documents.
Another mandatory requirement is that a prenup should be signed by a party that gives up their rights under the arrangement, and even better if both a wife and a husband sign it. And, of course, the best option is to certify the prenuptial agreement with a notary public.
If a prenuptial agreement is signed in compliance with the existing legislation, the chances of its enforceability are quite high. As a rule, such arrangements are valid according to Alabama law. But in any case, courts thoroughly examine prenups to establish if they are fair. Otherwise, it can be deemed null and void. Alabama courts often appeal to two criteria used to determine a prenup’s validity:
These criteria dictate certain cases when the court will refuse to admit prenup enforceability:
Other clauses that can make the arrangement invalid are immoral and insulting provisions (for example, the requirement to maintain a certain weight or to do all work in the house), giving a promise that can’t be fulfilled, and using unclear wordings in the document.
In general, prenups can protect the pre-marriage property of every future spouse and affect the distribution of the spouses’ assets and debts in case of divorce. Today, such kinds of contracts are suitable not only for wealthy couples but also for small business owners and spouses who already have children.