Getting married in Alaska soon? Planning a stunning, winter wonderland wedding? Congrats! But before you get too far into wedding planning under the Northern Lights, make sure you brush up on your understanding of prenups in Alaska. Can you write your own prenup? Do you need a lawyer? How do you find one? What do they even do? How much do they cost? Keep reading to learn about everything you need to know on prenuptial agreement attorneys in Alaska.
Can a couple write their own prenup in Alaska?
The answer is *technically* yes but with an asterisk. You may be able to write a prenup that stands up in court in Alaska, but you’re playing with fire. There are several state rules you need to follow in order to ensure your prenup is enforceable. Here are some of the things you should know:
- Your prenup must be in writing and signed by both spouses.
- Both individuals must willingly enter into the agreement without any pressure or coercion (voluntariness).
- Courts will assess various factors to determine if the agreement was voluntary, including the time provided to review and sign, whether there was an ability to seek out legal counsel, and the parties’ understanding of the terms. No single factor is more important than the others.
- Both parties must provide a complete and honest disclosure of their financial assets and liabilities. Hiding or omitting information can jeopardize the agreement’s validity.
- The agreement cannot be unreasonably unfair to one party.
- The agreement may become invalid if significant changes in the couple’s circumstances make its enforcement unjust.
- (Andrew B. v. Abbie B., 494 P.3d 522 (2021)).
Do I need an Alaska prenup attorney for a valid and enforceable contract?
You may be wondering, “Do I even need a prenup attorney for this? Is it a legal requirement?” Well, the Supreme Court of Alaska addressed this exact question in a case from 2021. The Court stated that it will consider factors such as the amount of time given to sign the agreement, the ability to consult independent legal counsel, and the understanding of the agreement by both parties (Andrew B. v. Abbie B., 494 P.3d 522 (2021)).
These considerations help determine the voluntariness and fairness of the agreement. However, the key word to take note of is that the factor is the ABILITY to consult with a lawyer. Alaskan courts want to see that each person had the resources and the time to get a lawyer if they wanted one, but it doesn’t mean that it’s a requirement. The Court also noted that out of these factors (time to sign the prenup, ability to get a lawyer, and understanding of the prenup), no one single factor is dispositive. Meaning the three factors need to be weighed and evaluated together to reach a conclusion.
Bottom line? Hiring an attorney is not a prerequisite to a valid and enforceable prenup in Alaska, but whether or not each party had the ability to hire one may be considered.
Where to find an Alaska prenuptial agreement attorney
If you’re looking for an Alaskan prenup attorney, but don’t know where to start–we’ve got you covered. Here are some pro tips on finding an Alaskan prenup attorney in your area:
Tap into your network:
Ask friends, family, or other trusted professionals (like financial advisors) for recommendations. If they’ve used a prenup attorney they like, why not reach out?
Online directories:
Many online legal directories and websites, such as Avvo, allow you to search for attorneys by location and practice area. Look for attorneys who specialize in family law or specifically mention prenuptial agreements on their profiles.
Google:
You can also do a simple Google search, utilizing search terms like “Anchorage prenup attorney” or “prenup attorney near me.”
Contact the Alaska Bar Association:
The Alaska Bar Association’s referral page can connect you with qualified attorneys in your area.
Schedule consultations:
Once you’ve identified a few potential attorneys, schedule consultations to discuss your needs and get a feel for their personality and approach. Be prepared to ask questions about their experience, fees, and communication style.
Trust your gut:
Choose an attorney who you feel comfortable with and confident in. You’ll be sharing personal and financial information with them, so it’s important to have a good rapport.
How much does a prenup attorney in Alaska charge?
One of the most important questions you need to ask when looking for a prenup attorney is how much will it cost? You need to understand what the attorney charges so you can budget accordingly (weddings ain’t cheap!). First thing to understand is that attorneys typically charge hourly. (But they may provide prenup services for a flat rate, so make sure to ask!). If you’re going the hourly route, you will want to get an idea of how many hours it will take. But beware–it can be very hard to estimate for a lawyer because they can’t predict how many questions you’ll have, how much negotiation will take place, etc.
While we don’t necessarily know how much your specific prenup will cost you (everyones situation is unique), we conducted a survey of several family law attorneys across the U.S. (though none of them were in Alaska), and the average prenup cost for a couple was $8,000.
However, with HelloPrenup, things are a lot more straightforward. You can purchase a prenup for just $599, plus add on attorney services for an additional flat rate cost.
What does a prenup attorney do?
So, if you’re ready to hire an attorney, what can you expect from them? Well, for starters, it’s important to understand that by hiring a prenup attorney you are not simultaneously hiring a divorce attorney. You can have one prenup attorney to do your prenup and then hire someone else down the road (but there’s a good chance you’ll never have to).
Your prenup attorney will do several things for you:
-
- They will consult with you about your needs, listening carefully to make sure your goals are met with the prenup.
- They will answer your legal questions (“what is the default law on alimony in Alaska?” or “What do other people in my position usually do?”).
- They will draft your agreement to meet your needs.
- They will negotiate on your behalf with your partner’s attorney. If you and your partner don’t agree on everything, your attorneys will handle the negotiations for you (with your approval).
- They will explain what all of the clauses mean so you feel confident in the agreement you’re signing.
- They focus on collaboration and creating a strong foundation for a marriage.
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How much does a prenup attorney in Alaska charge?
One of the most important questions you need to ask when looking for a prenup attorney is how much will it cost? You need to understand what the attorney charges so you can budget accordingly (weddings ain’t cheap!). First thing to understand is that attorneys typically charge hourly. (But they may provide prenup services for a flat rate, so make sure to ask!). If you’re going the hourly route, you will want to get an idea of how many hours it will take. But beware–it can be very hard to estimate for a lawyer because they can’t predict how many questions you’ll have, how much negotiation will take place, etc.
While we don’t necessarily know how much your specific prenup will cost you (everyones situation is unique), we conducted a survey of several family law attorneys across the U.S. (though none of them were in Alaska), and the average prenup cost for a couple was $8,000.
However, with HelloPrenup, things are a lot more straightforward. You can purchase a prenup for just $599, plus add on attorney services for an additional flat rate cost.
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Nicole Sheehey is the Head of Legal Content at HelloPrenup, and an Illinois licensed attorney. She has a wealth of knowledge and experience when it comes to prenuptial agreements. Nicole has Juris Doctor from John Marshall Law School. She has a deep understanding of the legal and financial implications of prenuptial agreements, and enjoys writing and collaborating with other attorneys on the nuances of the law. Nicole is passionate about helping couples locate the information they need when it comes to prenuptial agreements. You can reach Nicole here: Nicole@Helloprenup.com





