Sol v. Miller

Section 30-4-9, Aa.Code 1975, provides:

“The husband and wife may contract with each other, but all contracts into which they enter are subject to the rules of law as to contracts by and between persons standing in confidential relations.”

Such contracts between a husband and wife, whether made before or after marriage, are recognized as valid. Tibbs v. Anderson, 580 So.2d 1337 (Ala.1991); Campbell v. Campbell, 371 So.2d 55 (Ala.Civ.App.1979). These agreements are subject to close scrutiny. § 30-4-9; Payne v. Payne, 284 Ala. 699, 228 So.2d 15 (1969).

In Tibbs, supra, the wife signed an…