Updated May 17, 2023
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An Alaska prenuptial agreement declares each spouse’s assets and debts before entering into a marriage. The agreement must not be written too one-sided or a court may deem it to be unconscionable. In addition, if the spouse can prove they were in a situation of duress while signing, it can be determined to be invalid. The agreement should list the property and financials of both parties and the terms for the marriage and separation or divorce. Custody and childcare payments are not allowed to be made as part of the agreement.
Laws
Case – Brooks v. Brooks, 733 P.2d 1044, 1048-51 (Alaska 1987)
WHEREAS, each of the parties own property in their respective sole and separate rights, which property they and each of them have acquired prior to said marriage, and it is the desire of the parties that said separate property shall retain its status free and clear of any claims by either party or their heirs against the property of the other;
3 Steps to Determine Marital Property
Case – Wanberg v. Wanberg 664 P.2d 568 (1983)
First, the trial court must determine what specific property is available for distribution. Second, the court must find the value of this property. Third, it must decide how an allocation can be made most equitably.