Alabama: C
Statutes
Alabama Code § 30-4-9
Separate Property
All assets can remain separate property, avoiding costly divorce settlements. Joint assets and debts titled in both names are split 50/50 as marital property.
Unconscionability Dual Review
Alabama reviews prenuptial agreements for unconscionability both at execution (signing) AND at enforcement (divorce), meaning courts can more easily reject or modify agreements if circumstances change during marriage.
Unconscionability Standard
A prenup is unenforceable if: (1) not executed voluntarily (fraud, duress, lack of meaningful choice); OR (2) “unconscionable” judged at enforcement (divorce).
Spousal Support Public Assistance Minimum
Courts may override spousal maintenance waivers if enforcement would make one party eligible for public assistance or leave one spouse impoverished while the other retains significant wealth.
Timing
No minimum specified, but we recommend signing the prenup 60+ days before the wedding, with both parties having 2-3 weeks to review the final version to minimize challenge risk. Reach out to an attorney at least 4-6 months before the wedding with your draft prenup. Better yet, sign the prenup before proposing.
Independent Counsel
Must have legal counsel or waive in writing. Both sides having an attorney dramatically increases enforceability if the agreement is later challenged.
Financial Disclosure
"Full and fair" disclosure of all property, assets, debts, and income required. List all assets, debts and income $1,000 or more, and information source (tax returns, account statements, business financial statements). Misrepresentation or concealment of finances is a primary reason courts invalidate prenups.
Low Burden to Challenge
Enforcing party has burden to challenge. Barnhill v. Barnhill, 386 So. 2d 749 (Ala. Civ. App. 1980) established the "either/or test." Enforcing party must prove: (1) adequate consideration AND the transaction was fair, just, and equitable from the other party's viewpoint; OR (2) agreement freely and voluntarily entered with independent counsel and full financial knowledge of the estate.
Child Support and Custody
Child support and custody clauses are unenforceable and could undermine the entire agreement. Do not include.
Case Law
Mixon v. Mixon, 550 So. 2d 999 (Ala. Civ. App. 1989)
Wife was presented with prenuptial agreement the evening before the wedding without opportunity to consult an attorney, and the court found the agreement invalid because it was not freely and voluntarily entered into with competent independent advice.
Yarbrough v. Yarbrough, 144 So. 3d 386 (Ala. Civ. App. 2014)
Court modified enforcement of prenuptial agreement that protected husband's pool construction business and separate estates by ruling that items not specifically listed in the agreement's exhibits but acquired during the 14-year marriage must be treated as jointly owned marital property and distributed equally between the parties.
Laney v. Laney, 836 So. 2d 643 (Ala. Civ. App. 2002)
Court reversed trial court's award of a Cadillac automobile (valued at $16,500) to wife because the prenuptial agreement required voluntary property transfers to be made by "appropriate instrument" and husband's verbal statement that the car was hers did not satisfy this requirement, thus enforcing the prenup's requirement that business-owned property remain with the husband.
Barnhill v. Barnhill, 386 So. 2d 749 (Ala. Civ. App. 1980)
Court upheld prenuptial agreement that completely barred wife from any interest in husband's estate, establishing the foundational "either/or test" that an agreement is valid if it was either (1) fair, just, and equitable, or (2) freely and voluntarily entered into with competent independent advice and full knowledge of the other party's estate.
Woolwine v. Woolwine, 519 So. 2d 1347 (Ala. Civ. App. 1988)
Court reversed trial court's finding that prenuptial agreement was void and held the agreement valid where husband insisted wife sign before marriage, attorney advised wife of the agreement's content and recommended she seek independent counsel, and there was no evidence of fraud or duress.
Roberts v. Roberts, 802 So. 2d 230 (Ala. Civ. App. 2001)
Court affirmed trial court's refusal to enforce prenuptial agreement where husband presented it to wife the day before the wedding and she felt forced to sign it to prevent cancellation of the wedding, finding that evidence supported a conclusion the agreement was not freely and voluntarily signed.