Free Alaska Prenuptial Agreement Template

An Alaska prenuptial agreement is a contract two people sign before marriage to settle property, debts, and inheritance rights. Alaska also lets couples who plan to marry sign a community property agreement before the wedding.

Two parts of the Alaska Statutes shape most prenups. One covers inheritance rights, and the other covers community property.

Giving Up Inheritance Rights

AS 13.12.213 lets a spouse waive some or all of four rights, either before or after marriage:

• Elective share
• Homestead allowance
• Exempt property
• Family allowance

For that, you need a written contract, agreement, or waiver. It must carry the signature of the spouse giving up the rights.

When That Waiver Fails

The statute places the burden on the surviving spouse. A court won’t enforce the waiver if that spouse proves they didn’t sign it voluntarily.

It also fails if the waiver was unconscionable when signed and, beforehand, that spouse had none of these:

• Fair and reasonable disclosure of the other spouse’s property or debts
• A voluntary, express written waiver of further disclosure
• Adequate knowledge of the other spouse’s finances, actual or reasonably available

Under the statute, unconscionability is a question of law for the court.

Community Property Agreements

Under AS 34.77.090, a community property agreement must be in writing. Both spouses sign it, and it must classify some or all of their property as community property.

It’s enforceable without consideration. However, it can’t reduce a child’s right to support.

Yes, if it meets the statute’s rules. AS 34.77.090(f) lets people who intend to marry sign a community property agreement as if already married. It takes effect only once they wed.

Within that agreement, you may decide:

• Rights and duties in your property, wherever and whenever you acquire it
• Who manages and controls each asset
• What happens to property on divorce, death, or another event
• Whether to make a will or trust to carry out the plan
• That certain property passes at death, without probate, to a named person, trust, or entity
• Which state’s law governs the agreement

Before marriage, the enforcement test mirrors the waiver test above. A challenger must prove involuntary signing, or unconscionability combined with the three disclosure gaps.

Plan for changes up front. Unless the agreement itself allows amendment, you can only amend or revoke it with a later community property agreement.

1. Decide on community property first. If any asset will be community property, the agreement needs the statutory warning shown below.
2. Share full financial details. Alternatively, a partner may voluntarily sign a written waiver of further disclosure.
3. Write out the amendment rules. Say how either of you can update the agreement, since the statute limits changes otherwise.
4. Both partners sign. A community property agreement requires both signatures.
5. Store copies where you can both reach them. Then revisit the document before either of you updates a will or trust.

Does your Alaska prenuptial agreement classify any property as community property? Then AS 34.77.090(b) requires this exact capitalized language at the beginning:

THE CONSEQUENCES OF THIS AGREEMENT MAY BE VERY EXTENSIVE, INCLUDING, BUT NOT LIMITED TO, YOUR RIGHTS WITH RESPECT TO CREDITORS AND OTHER THIRD PARTIES, AND YOUR RIGHTS WITH YOUR SPOUSE BOTH DURING THE COURSE OF YOUR MARRIAGE AND AT THE TIME OF A DIVORCE. ACCORDINGLY, THIS AGREEMENT SHOULD ONLY BE SIGNED AFTER CAREFUL CONSIDERATION. IF YOU HAVE ANY QUESTIONS ABOUT THIS AGREEMENT, YOU SHOULD SEEK COMPETENT ADVICE.

After that warning, cover these points:

• The specific property you are classifying as community property
• Property each of you keeps as separate
• Who manages which accounts, real estate, or business interests
• What happens to property on divorce or death
• Any nonprobate transfer at death, with the named recipient
• A choice-of-law clause
• The steps either of you must take to amend or revoke it
• Waivers of inheritance rights, listed one by one

Leave child support out of it, since the statute bars terms that hurt a child’s right to support.