Alaska! What a beautiful place to exchange your vows! This expansive state is filled with so many natural wonders and breathtaking views—you and your fiancé have no shortage of wedding locations to choose from. Whether you say “I do” in the glow of the Northern lights, deep in a forest under a canopy of evergreens, or in a field with snowcapped mountains behind you…your wedding will be an adventure, and you’ll have your love to keep you warm. But before the wedding festivities commence, let’s get to business answering your questions about prenuptial agreements! Do I need to hire an attorney? What are the requirements for a valid prenup in Alaska? Keep reading to find out more about prenups in your stunning state of Alaska.
Is a lawyer required for a valid prenuptial agreement in Alaska?
There is no law in Alaska requiring you to hire an attorney to draft your prenup. However, it’s highly recommended! When deciding whether a prenup is valid and enforceable, courts consider whether the parties fully understood the language in the agreement and the legal and financial consequences involved. Legal representatives would help you and your fiancé draft the agreement in line with Alaskan laws and would ensure that you both understand the document you’re signing. Courts also consider how much time you and your partner had between drafting the prenup and your wedding day (Andrew B. v. Abbie B. (2021)). So, even if neither of you hire an attorney, make sure that there’s a reasonable amount of time to allow for reviewing the contract and legal consultations before saying “I do.”
Do we both need a lawyer, or can only one person hire one?
As we’ve covered, you’re not required to involve an attorney in your prenup drafting process. And if only one of you wants to hire a lawyer, that’s allowed as well. But keep in mind that if each of you were to hire independent attorneys, this would go a long way in convincing the court that the signatures on your prenup were voluntary. Your separate attorneys would guide you through the legal jargon in the document and would explain the potentially complex ramifications of entering into an agreement such as this. A court would see that you were both afforded professional guidance, and it would be hard for a party to argue that they didn’t understand the agreement or that they were coerced into signing.
On the other hand, if only one of you has an attorney, it leaves open the possibility that the unrepresented party could contest the agreement in the future arguing that they didn’t understand the contract or that they were coerced. This party would still have to prove these claims in court. But the point is, having an equal amount of legal involvement could protect your agreement from being questioned or thrown out in the future.
Can we share a lawyer?
No. Attorneys are legally obligated to protect their clients’ individual interests. A lawyer would likely be in breach of this duty by representing two parties on opposite sides of an agreement. A prenup is a contract, and even if you and your partner are aligned on the contents of your agreement, a court will see you as opposing parties with contrasting interests. It’s possible a court in the future might view your prenup as unenforceable if you both had the same lawyer. When it comes to upholding contracts, Alaskan courts are very concerned with fairness and whether each party signed an agreement voluntarily and without coercion. It could be argued in the future that sharing an attorney was unfair to one of the parties and the attorney was unable to remain unbiased in drafting the document. This argument could be detrimental to your prenup.
Can I write my own prenuptial agreement?
This is a common question as many people look for ways to save money while planning for a wedding. Weddings are expensive! Alaska does not prohibit you from drafting your own prenuptial agreement. But unless you’re experienced in writing this type of document, hesitate before jumping in on your own. The language used in a prenup is critical to its enforceability. Errors, omissions, or unintentionally leaving out important information could significantly alter your financial future and could make the prenup unenforceable. If you’re looking to save money, check out tested and highly respected online prenup services. HelloPrenup can provide you with a personalized, Alaska-law-abiding prenuptial agreement for $599. You can also add on legal services for $699 per person. You will receive an expertly drafted prenup for a fraction of the cost.
What are the legal requirements for a valid prenup in Alaska?
Alaskan courts generally uphold prenups if they follow the necessary requirements outlined below. Alaskan courts have had a positive outlook on prenups for a long time. In the 1987 case Brooks v. Brooks, the Alaskan Supreme Court upheld a prenup stating that these agreements “provide people with the opportunity to ensure predictability, plan their future with more security, and, most importantly, decide their own destiny” (Brooks v. Brooks (1987)). The requirements required for an Alaskan prenup to be valid and enforceable are that it must:
- Be in writing
- Signed voluntarily by both parties
- Include full disclosures of the financial situation of both parties
- Not be unreasonably unfair (i.e. unconscionable) at the time of enforcement (Schmitz v. Schmitz (2004))
In determining the voluntariness of the signatures, courts will look into the amount of time each party had to review the document and consult an attorney before signing the agreement and whether the parties understood the agreement (Andrew B. v. Abbie B. (2021)). Regarding whether the terms of the prenup are unreasonably unfair at the time of divorce, courts will look at how much circumstances changed during the marriage and whether the changed circumstances make it unconscionable to enforce the prenup upon divorce (Schmitz v. Schmitz (2004)).
How much does a prenup lawyer cost in Alaska?
Prenuptial agreements are one of the most important contracts you will sign in your life. They have the power to dictate your future financial health. It’s critical to ensure that your agreement is drafted property and in accordance with Alaskan laws. You’re probably thinking that hiring a lawyer for you and your fiancé will be expensive. You’re not wrong! According to a HelloPrenup survey of family law attorneys across the country, the national average for a prenup for both fiancés is approximately $8,000. That’s a lot of money!
There are alternatives to hiring local family law attorneys that will still provide you with an expertly drafted prenup that follows Alaskan laws. HelloPrenup is a highly regarded, online prenup service where you can receive a personalized, expertly drafted prenuptial agreement for a flat fee of $599, plus $699 to add on the services of an Alaskan-licensed prenup lawyer.
Where can I find a prenuptial agreement lawyer in Alaska?
There are loads of family law attorneys in the state of Alaska, and likely some reputable lawyers in your own town! Ask friends and family for referrals and do online searches for “prenup attorneys near me” or “family law attorneys near me.” Also explore the Lawyer Referral Service on the Alaska Bar Association website. Make sure you read client reviews and ask them whether they have experience in drafting prenuptial agreements. This is important! If you’re spending your hard-earned money to hire a professional, you want to ensure that he or she has experience drafting prenups!
So, what’s the bottom line on prenup lawyer requirements in Alaska?
Alaskan courts approve of prenuptial agreements and generally uphold them as long as they’re in writing, signed voluntarily by both parties, the parties have fully disclosed their assets, income, and debt, and the terms of the agreement are not severely unfair at the time of divorce. If a prenup sounds like the right path for you and your future spouse, make sure there’s enough time between the wedding and when you present your fiancé with the prenup. Courts consider the circumstances surrounding the signing of an agreement, and they want to see that both parties had enough time to review the contract and consult an attorney. And although hiring a lawyer to draft your prenup is not required in Alaska, it is recommended! Once you and your fiancé have reviewed and signed your prenuptial agreement, you can put this business behind you and trek into your adventure-filled life together in the great state of Alaska!
Jourdan Stewart is Legal Operations Attorney at HelloPrenup, and a Texas licensed attorney. Jourdan is experienced in drafting prenuptial agreements, and her legal expertise extends to other aspects of family law, business law and entertainment law. Jourdan earned her law degree from Pepperdine University, her MBA from The Acton School of Business, and her BBA from Baylor University. Jourdan’s favorite aspect of legal practice is helping clients fully understand and achieve their goals. She finds great satisfaction in tailoring solutions to each client’s unique set of wants and needs. When she’s not practicing law, Jourdan can be found in nature with her two children and their dog, Stewey.
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