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However, if the agreement is fair in its terms, abides by local laws, and both spouses entered into it voluntarily, the court will usually uphold a postnuptial agreement.

The requirements for a prenuptial agreement are the same as for any contract ? it must be executed voluntarily, freely and knowingly. Moreover, laws require the agreement to be in writing. Parties should consult an attorney before signing a prenuptial agreement.

A prenup can be beneficial to anyone who has assets, debt, or children from a prior relationship since it ensures specific outcomes upon the dissolution of a marriage. Pursuant to Alabama law, a prenuptial agreement must be in writing and signed by the spouse who is giving up certain rights as part of the agreement.

Although laws can differ by state, there are five basic elements to a postnuptial agreement: It must be in writing. ... It must be entered into voluntarily by both parties. It requires full and fair disclosure of relevant information at the time of execution. Terms must not be unconscionable or unjust or one-sided in nature.

You can write a prenuptial contract to establish your rights to property that you bring into the marriage or that you acquire during your marriage in case of divorce. Your prenup can spell out what you and your spouse will keep as your own and/or how other assets or debt will be shared in a divorce.

The enforceability of Alabama prenuptial agreements However, it is important that a prenuptial agreement be drafted ing to the law in order to be enforceable. In fact, while prenuptial agreements are generally valid under Alabama law, they will be scrutinized by the courts in order to determine their fairness.