Alaska Postnuptial Agreement Form

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Updated August 07, 2022

Or use an attorney at ContractsCounsel to draft this agreement.


An Alaska postnuptial agreement, sometimes called a martial agreement, is a contract between two married people that sets out how to distribute marital property in the event the marriage ends in divorce or death. Unlike prenuptial agreements, or prenups, which become effective once a marriage begins, postnuptial agreements are entered into after the marriage has already begun. These agreements provide an element of predictability to divorce proceedings in which judges otherwise have significant discretion when distributing a couple’s assets.

Signing Requirements (Brooks v. Brooks (1987)) – Both spouses are required to sign.

Laws

Validity: Postnuptial agreements are valid contracts. (Estate of Lampert v. Estate of Lampert (1995).

Enforceability: No statutes explicitly address enforceability requirements for postnuptial agreements in Alaska. Premarital agreements are enforceable when “legally procured and ostensibly fair in result.” (Brooks v. Brooks (1987).