Hogan v. Hogan

Based on Ex parte Walters, 580 So.2d 1352, 1355 (Ala.1991), a trial court may award attorney’s fees despite a specific waiver of the right to seek attorney’s fees in an antenuptial agreement if the trial court finds that it is unjust or inequitable to enforce the waiver. In this case, the Cullman Circuit Court (“the trial court”) made some findings of fact in its judgment, but, as the main opinion recognizes, it awarded attorney’s fees to Darlene Marie Hogan (“the wife”) “without explanation,” 199 So.3d at 52, i.e., without making any findings of fact to explain why it awarded the wife…