Download Alaska Postnuptial Agreement Form [PDF]

The Alaska postnuptial agreement is a legal document that defines the rights and responsibilities towards the individual and marital property of two married spouses.

The main difference between postnuptial and prenuptial agreements is the moment the agreement is entered into. The prenup agreement is made before the parties get married and will become effective after they get married. However, with the postnup agreement, the parties are already married and are determining their relationship from that point onward.

By creating the postnup agreement, parties secure their financial and non-financial interests and potentially save significant amounts of time and resources in the event of a divorce.

Laws and Legal Requirements for a Postnuptial Agreement in Alaska

The laws and legal requirements for a postnuptial agreement in Alaska are all summarized in court precedents and a few provisions of the state law. One of the most significant cases defining the legal framework for the postnuptial agreement in Alaska is Brooks v. Brooks (1987).

It provides that:

“[...] one spouse's separate property, including the post-marital appreciation, should not be deemed a marital asset available for division unless ‘the court specifically [finds] that a `balancing of the equities between the parties require[s]' invasion of the premarital holding’.”

Signing Requirements for a Postnuptial Agreement in Alaska

The postnuptial agreement must be made in writing, and both spouses must sign the document.

There is no formal requirement for the postnup agreement to be signed in front of witnesses or the notary public. However, the parties should consider providing an additional acknowledgment of the document’s authenticity by having a witness or a notary public signature.

The notary public will identify both parties to the postnuptial agreement and confirm that they have personally signed the document. This will prevent potential disputes about the document’s authenticity as well as potential fraudulent activities.

Postnuptial Agreement Enforcement in Alaska

There are multiple conditions that must be met for the Alaska postnuptial agreement to be considered enforceable:

Moreover, when determining the enforceability of the postnuptial agreement, the court will also consider if the parties understood the legal consequences of signing the postnuptial agreement form and if they had consulted a legal advisor before signing the document.

Finally, the document will not be enforceable if the parties haven’t fulfilled the basic formality criteria outlined for the postnuptial agreement template.

What Can a Postnuptial Agreement in Alaska Cover?

The postnuptial agreement in Alaska can cover multiple aspects of the financial and non-financial relationship between the spouses.

Below, you can see some of the most common provisions included in the Alaska postnuptial agreement template:

Moreover, the postnuptial agreement can include any kind of provision that regulates the relationship between the spouses, as long as it doesn’t violate state laws or public policy.

Postnuptial Agreement in Alaska: Validity Criteria

The Alaska postnuptial agreement must fulfill the basic formality criteria to be considered valid. This means that it must be made in written form, and both parties must sign it.

Moreover, the validity of the postnuptial agreement is dependent on the existence of the marriage. The parties can sign the postnuptial agreement at any time during their marriage. Moreover, the parties can create multiple postnup agreements that cover different aspects of the relationship between the spouses.