ALASKA PREMARITAL AGREEMENT

(Comprehensive Prenuptial Agreement Template)

[// GUIDANCE: This document is drafted to conform with Alaska family-law requirements, including the Uniform Premarital Agreement Act as adopted in Alaska (“the Act”). It is intended for customization by licensed counsel. Do not remove bracketed placeholders without inserting client-specific information.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
   3.1 Classification of Property and Debt
   3.2 Management and Control During Marriage
   3.3 Transfers, Gifts, and Inheritances
   3.4 Income and Appreciation
   3.5 Support, Maintenance, and Alimony
   3.6 Estate Planning & Death-Time Rights
   3.7 Election of Community Property Regime (Optional)
4. Representations & Warranties
5. Covenants & Ongoing Obligations
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block
11. Exhibits & Schedules

1. DOCUMENT HEADER

THIS PREMARITAL AGREEMENT (this “Agreement”) is made and entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between:

• [ FULL LEGAL NAME ], residing at [ADDRESS] (“[PARTY A]”); and
• [ FULL LEGAL NAME ], residing at [ADDRESS] (“[PARTY B]”)

(collectively, the “Parties,” and each, a “Party”).

RECITALS

A. The Parties contemplate legal marriage in the State of Alaska on or about [WEDDING DATE] and, prior to that marriage, desire to establish their respective rights and responsibilities regarding present and future property, income, and obligations.

B. This Agreement is executed pursuant to and in conformity with the Act and other applicable Alaska family-law principles regarding premarital agreements, full disclosure, voluntariness, and fairness.

C. Each Party acknowledges receipt of a fair and reasonable disclosure of the property and financial obligations of the other Party and has had adequate opportunity to consult independent legal counsel of that Party’s choosing.

NOW, THEREFORE, in consideration of the mutual promises herein and the impending marriage of the Parties, the sufficiency of which consideration is hereby acknowledged, the Parties agree as follows.

2. DEFINITIONS

For purposes of this Agreement, the following terms have the meanings set forth below. All capitalized terms not defined in this Article II shall have the meanings otherwise assigned herein.

“Act” means the Uniform Premarital Agreement Act as adopted and in effect in the State of Alaska as of the Effective Date.

“Community Property Election” has the meaning assigned in Section 3.7.

“Disclosure Schedules” means, collectively, Schedule A (Party A Financial Disclosure) and Schedule B (Party B Financial Disclosure).

“Marital Property” means all property classified as such under Section 3.1(b).

“Separate Property” means all property classified as such under Section 3.1(a).

“Specific Performance” has the meaning assigned in Section 6.3.

[// GUIDANCE: Expand or narrow definitions as needed for complex estates—e.g., “Business Interests,” “Qualified Plans,” “Passive Appreciation,” etc.]

3. OPERATIVE PROVISIONS

3.1 Classification of Property and Debt

(a) Separate Property. The following shall remain the Separate Property of the owning Party:
(i) All real and personal property owned by that Party as listed on the Disclosure Schedules;
(ii) Any property acquired in exchange for, or the proceeds of, such Separate Property;
(iii) Any increase, rent, income, or appreciation attributable solely to Separate Property; and
(iv) Any debt solely attributable to the acquisition, maintenance, or improvement of Separate Property.

(b) Marital Property. Except as otherwise provided herein, property and earnings acquired by either Party on or after the marriage date shall be deemed Marital Property, subject to allocation upon dissolution as set forth in Section 3.1(c).

(c) Division Upon Dissolution. In the event of legal separation, dissolution, or annulment, Marital Property shall be divided [EQUAL / EQUITABLE × %] and Separate Property shall remain the sole property of the owning Party.

[// GUIDANCE: Alaska courts apply a “fair and reasonable” standard at execution and an “unconscionability” review at enforcement. Ensure the chosen division is defensible.]

3.2 Management and Control During Marriage

Each Party shall retain sole management, control, and disposition rights over that Party’s Separate Property. Marital Property decisions requiring disposition or encumbrance of real property in Alaska shall require the written consent of both Parties.

3.3 Transfers, Gifts, and Inheritances

Any inter-spousal transfer must be in writing to alter the property’s classification. Gifts or inheritances received by a Party during marriage shall be that Party’s Separate Property unless expressly placed into Marital Property by written instrument signed by both Parties.

3.4 Income and Appreciation

Income derived from Separate Property shall be classified as [Separate Property / Marital Property]. Appreciation attributable to active efforts of the non-owning spouse shall be [retained by the owning spouse / shared × %].

3.5 Support, Maintenance, and Alimony

(a) Waiver. Each Party hereby [WAIVES / DOES NOT WAIVE] the right to seek spousal support from the other except as provided in Section 3.5(b).

(b) Hardship Safety Valve. Notwithstanding any waiver, if enforcement of the waiver would cause the Intended Recipient Party to become eligible for public assistance at the time of enforcement, the court may order adequate support to avoid such hardship, to the minimum extent required by law.

[// GUIDANCE: The above “hardship” clause mirrors statutory limitations on alimony waivers under the Act and Alaska case law.]

3.6 Estate Planning & Death-Time Rights

(a) Elective Share Waiver. Each Party irrevocably waives any right to an elective or forced share, intestate succession, or homestead allowance in the deceased Party’s estate, except as expressly provided in any later-executed estate-planning document.

(b) Life Insurance. The Parties shall maintain life-insurance policies as follows: [DETAILS / “None required”].

(c) Survivor Residence Right. [OPTIONAL] The surviving spouse may reside in the marital residence for ____ months post-death, subject to payment of carrying costs.

3.7 Election of Community Property Regime (Optional)

The Parties [ELECT / DO NOT ELECT] to have certain assets governed by the Alaska Community Property Act. If elected, Schedule C shall list assets designated “Community Property,” and the statutory community-property rules shall apply thereto (the “Community Property Election”).

4. REPRESENTATIONS & WARRANTIES

Each Party represents and warrants to the other, as of the Effective Date:

4.1 Capacity. The Party has full legal capacity and is not under duress or undue influence.

4.2 Voluntariness. Execution of this Agreement is voluntary; no fraud or coercion exists.

4.3 Full Disclosure. The Disclosure Schedules are complete, accurate, and materially reflect the Party’s financial condition.

4.4 Independent Counsel. The Party has been advised of the right to consult, and has had ample opportunity to consult, independent counsel.

4.5 Materiality; Survival. Each representation is material and shall survive execution and any enforcement proceeding.

5. COVENANTS & ONGOING OBLIGATIONS

5.1 Updates to Disclosure. Each Party shall update the other promptly upon discovering any material inaccuracy in the Disclosure Schedules.

5.2 Debt Management. Neither Party shall incur debt in the name of the other without prior written consent.

5.3 Records. Each Party shall maintain adequate records to distinguish Separate from Marital or Community Property.

5.4 Further Assurances. The Parties shall execute all instruments reasonably necessary to effectuate this Agreement.

6. DEFAULT & REMEDIES

6.1 Events of Default. A Party’s material breach of this Agreement, including failure to comply with property-classification provisions or failure to provide accurate disclosures, constitutes an Event of Default.

6.2 Notice & Cure. The non-defaulting Party shall give written notice specifying the default. The defaulting Party shall have thirty (30) days to cure before remedies may be pursued.

6.3 Remedies. Upon uncured default, the non-defaulting Party may pursue:
(a) Specific Performance;
(b) Injunctive or other equitable relief;
(c) Recovery of actual damages; and
(d) Reasonable attorneys’ fees and costs pursuant to Section 6.4.

6.4 Attorneys’ Fees. The prevailing Party in any action to enforce this Agreement shall be entitled to recover reasonable attorneys’ fees, expert fees, and costs.

7. RISK ALLOCATION

7.1 Mutual Indemnification. Each Party (“Indemnifying Party”) shall indemnify, defend, and hold harmless the other Party from any third-party claim arising from the Indemnifying Party’s Separate Property or Separate Debt.

7.2 Limitation of Liability. Except for fraud, willful misconduct, or obligations expressly surviving termination, each Party’s aggregate liability to the other under this Agreement shall not exceed the greater of (i) $[CAP AMOUNT] or (ii) the fair-market value of that Party’s Separate Property as of the enforcement date.

7.3 Force Majeure. Performance is excused for events beyond the reasonable control of the affected Party, including but not limited to acts of God, war, epidemic, or governmental action, provided the Party gives prompt notice and uses reasonable efforts to mitigate.

8. DISPUTE RESOLUTION

8.1 Good-Faith Negotiation. The Parties shall first attempt to resolve any dispute arising under this Agreement by good-faith negotiation.

8.2 Mediation. If unresolved within thirty (30) days, the Parties shall submit the dispute to confidential mediation in [CITY, AK] with a mediator jointly selected.

8.3 Limited Arbitration. Financial disputes (excluding child-related issues) not resolved in mediation shall be submitted to binding arbitration under the Commercial Rules of the American Arbitration Association. Any arbitration award may be entered in the Alaska Superior Court.

8.4 Family-Court Jurisdiction Preserved. Matters concerning child custody or support shall remain exclusively within the statutory jurisdiction of the Alaska family courts. No jury trial is available for such matters.

8.5 Governing Law & Forum. This Agreement shall be governed by the domestic-relations laws of the State of Alaska, without regard to conflict-of-laws principles. Exclusive forum for court proceedings shall be the Superior Court, Family Division, in [JUDICIAL DISTRICT], Alaska.

8.6 Injunctive Relief. Nothing herein limits either Party’s right to seek temporary or permanent injunctive relief, including Specific Performance, from a court of competent jurisdiction.

9. GENERAL PROVISIONS

9.1 Amendment. This Agreement may be amended only by a written instrument signed by both Parties and acknowledged before a notary public.

9.2 Waiver. No waiver shall be effective unless in writing. A waiver of any breach shall not constitute waiver of any other or subsequent breach.

9.3 Assignment. Neither Party may assign or delegate any right or obligation hereunder without prior written consent, except by testamentary disposition consistent with Section 3.6.

9.4 Successors. This Agreement shall bind and benefit the Parties and their respective heirs, personal representatives, and permitted assigns.

9.5 Severability. If any provision is held unenforceable, the remaining provisions shall be severed and interpreted to effect the Parties’ intent to the fullest extent permitted by law.

9.6 Integration. This Agreement, including Exhibits and Schedules, constitutes the entire understanding of the Parties regarding the subject matter and supersedes all prior negotiations and agreements.

9.7 Counterparts; Electronic Signatures. This Agreement may be executed in multiple counterparts, each deemed an original, and by electronic signature pursuant to applicable state electronic-signatures laws.

9.8 Headings. Headings are for convenience only and do not affect interpretation.

10. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.

NOTARY ACKNOWLEDGMENT – STATE OF ALASKA

State of Alaska
___ Judicial District

On this ___ day of ____, 20__, before me, the undersigned Notary Public, personally appeared [PARTY A NAME] and [PARTY B NAME], to me known (or satisfactorily proven) to be the individuals described herein and who executed the foregoing Premarital Agreement and acknowledged that they executed the same as their free and voluntary act and deed for the purposes therein stated.

Notary Public in and for the State of Alaska
My commission expires: ____

[// GUIDANCE: Alaska does not require witnesses in addition to notarization, but check any local court preferences.]

11. EXHIBITS & SCHEDULES

• Schedule A – Party A Financial Disclosure
• Schedule B – Party B Financial Disclosure
• Schedule C – Community Property Election (if applicable)
• Schedule D – Life-Insurance Policies (if any)

[// GUIDANCE: Attach detailed asset, liability, and income statements, with supporting documentation. Courts scrutinize adequacy of disclosure when determining enforceability.]

END OF DOCUMENT