Prenuptial Agreement

ALASKA PRENUPTIAL AGREEMENT

This Prenuptial Agreement (the “Agreement”) is made on [__/__/____] by:

• Party A: [FULL LEGAL NAME], of [ADDRESS]; and
• Party B: [FULL LEGAL NAME], of [ADDRESS].

The parties plan to marry each other on or about [__/__/____]. This
Agreement becomes effective only if that marriage occurs.

1. Alaska Standard and Drafting Purpose

Alaska recognizes prenuptial agreements that are legally procured and
ostensibly fair in result. Enforceability includes procedural and substantive
fairness. Voluntariness is distinct from ordinary commercial-contract duress;
review time, a meaningful ability to consult independent counsel, and the
ability to understand the agreement are essential considerations whose combined
effect matters. Brooks v. Brooks, 733 P.2d 1044 (Alaska 1987); Andrew B. v.
Abbie B., 494 P.3d 522 (Alaska 2021).

Alaska also recognizes that a material change in circumstances after signing
may make enforcement of one or more terms unfair and unreasonable. A court may
selectively decline to enforce affected terms without inventing a promise the
parties did not make, but must explain the terms it enforces or rejects.
Kilkenny v. Kilkenny, Alaska Supreme Court Opinion No. 7787 (Sept. 19, 2025).

This Agreement therefore records the parties' disclosure, advice, negotiation,
and intended property rules. It does not promise that a future court will
enforce every provision regardless of later facts.

2. Review and Signing Record

2.1 Timeline

Planned wedding date: [__/__/____]

Days between delivery of final draft and planned wedding: [____]

2.2 Separate Independent Counsel

No lawyer represents both parties. Each party has had a meaningful opportunity
to confer privately with that party's lawyer, ask questions, obtain valuations,
request revisions, and postpone signing. A bare offer to obtain counsel or a
same-day waiver is not used as a substitute for meaningful review.

2.3 Voluntary and Informed Process

Each party confirms:

• ☐ I received the complete agreement and every schedule with sufficient time
  to understand and negotiate them.

• ☐ I am not impaired by alcohol, medication, illness, exhaustion, or another
  condition affecting my understanding.

• ☐ No threat, violence, coercive control, fraud, concealment, wedding
  ultimatum, travel arrangement, deposit, pregnancy, immigration concern, or
  family pressure caused me to sign.

• ☐ My own lawyer explained Alaska's ordinary property and maintenance rules
  and the reasonably foreseeable effect of each selected waiver or allocation.

• ☐ I understand that later treatment of property and materially changed
  circumstances may affect enforcement.

• ☐ All blanks affecting my rights are completed or marked “none.”

Additional facts relevant to voluntariness or understanding:
[____________________________________________________________]

3. Financial Disclosure

Schedule A and Schedule B are incorporated into this Agreement. Each schedule
must disclose the nature, ownership, current value or good-faith estimate,
income, debt, contingent obligation, beneficial interest, and material financial
right associated with each item. Supporting statements, tax returns, appraisals,
benefit statements, and entity records should be attached where appropriate.

Unknown or disputed values must be identified conspicuously rather than
omitted. Material changes before marriage must be disclosed in a signed
supplement delivered to each party and counsel with time for review.

Supplements attached before signing: [LIST / NONE].

4. Baseline Alaska Property Rules

AS 25.15.010-.060 addresses property owned by one spouse, transfers between
spouses, management of specified separate property, and liability for the other
spouse's premarital or separate debts, subject to stated exceptions and AS
34.77. AS 25.24.160(a)(4) authorizes a divorce court to divide property acquired
during marriage in a just manner and permits invasion of premarital property
when balancing the equities requires it.

The parties intend to alter those baseline results only through complete,
express provisions in this Agreement. An unchecked election or incomplete
schedule has no effect.

5. Definitions

Disclosed Property means an asset, liability, income source, business,
beneficial interest, expectancy, or other material financial item described in
Schedule A or B with its value or valuation status.

Joint Property means property the parties deliberately acquire or later
designate for joint ownership under a signed record identifying the property and
the intended interests.

Marriage Date means the date the parties legally marry each other.

Separate Property means property designated to one party under this
Agreement, together with traceable proceeds, replacements, and any category
expressly assigned to that party below.

6. Premarital Property

6.1 Party A

Property listed as Party A's Separate Property in Schedule A remains Party A's
Separate Property, subject to this Agreement, applicable law, and later conduct
concerning a particular asset.

6.2 Party B

Property listed as Party B's Separate Property in Schedule B remains Party B's
Separate Property, subject to this Agreement, applicable law, and later conduct
concerning a particular asset.

6.3 Management and Records

The owning party may possess and manage Separate Property subject to law,
third-party rights, and any item-specific restriction in Schedule C. Each party
must preserve records sufficient to identify title, source of funds, transfers,
income, contributions, and changes in value.

This Agreement does not create a blanket real-property consent rule. Counsel
must identify any deed, homestead, lender, title, recording, trust, entity,
retirement-plan, or other transaction-specific requirement when a transfer is
proposed.

7. Property Acquired During Marriage

7.1 Earnings and Compensation — Select One Rule Per Party

Counsel must add item-specific provisions for equity compensation, carried
interests, professional practices, intellectual property, pensions, retirement
benefits, and closely held businesses. This Agreement does not override a plan
document or third-party consent requirement.

7.2 Gifts and Inheritances

Property acquired by one party during marriage by gift, devise, or inheritance,
and its traceable proceeds, is that party's Separate Property unless the parties
later deliberately designate a specific item as Joint Property in a signed
record.

7.3 Income and Appreciation

For each item of Separate Property, Schedule C must select and define the rule
for rents, distributions, income, passive appreciation, and appreciation
attributable to either party's labor or marital expenditures.

If Schedule C does not address an item, this Agreement does not predetermine a
reimbursement, transmutation, contribution, or valuation dispute concerning
that item.

7.4 Joint Title, Commingling, and Later Conduct

Compton v. Compton, 902 P.2d 805 (Alaska 1995), treats a prenuptial agreement
as highly relevant but not necessarily conclusive when the parties' later
treatment of particular property shows a different intent. The parties should
not rely on a general “no oral modification” clause while titling, spending,
mixing, or managing an asset inconsistently with the written classification.

For any retitling, joint deposit, major improvement, transfer, or use of one
party's property for the other or for the household, the parties will complete
an asset record stating:

• the property and source of funds;

• whether the transfer is a gift, loan, contribution, reimbursement claim, or
  reclassification;

• the intended ownership after the transaction; and

• the records and valuation method to retain.

8. Debts and Creditor Rights

8.1 Existing Debts

Each party's disclosure schedule lists existing debts, guarantees, tax
liabilities, liens, and contingent obligations. Between the parties, each debt
is allocated as follows:

8.2 Future Debts

• Individually incurred debt: [RULE]
• Household debt: [RULE]
• Jointly signed debt: [RULE]
• Business debt or guaranty: [RULE]
• Tax debt: [RULE]

This allocation operates between the parties. It does not release either party
from an obligation to a creditor, bind a creditor that is not a party, or
eliminate mandatory rights under AS 34.77 or other law.

8.3 Limited Reimbursement

A party who pays a debt expressly allocated to the other may request
reimbursement of the amount paid, subject to documented offsets and a court's
authority. This clause creates no indemnity defense obligation, liability cap,
automatic attorney-fee award, cure period, lien, or self-help seizure right.

9. Household Arrangements

The parties intend to pay ordinary household expenses as follows:

[____________________________________________________________]

[____________________________________________________________]

Payment of household expenses does not by itself prove a gift, loan, ownership
transfer, or reimbursement right. For major payments involving Separate
Property, the parties should complete the asset record described in Section
7.4 before payment when practicable.

10. Separation, Divorce, or Annulment

10.1 Property and Liabilities

If a court determines this Agreement is enforceable, the parties request
application of its express property and liability terms. Any unaddressed or
unenforceable issue remains subject to Alaska law, including AS
25.24.160(a)(4). The requested division method is:

• Party A Separate Property: [SCHEDULE / RULE]
• Party B Separate Property: [SCHEDULE / RULE]
• Joint Property: [EQUAL / PERCENTAGES / ASSET-SPECIFIC METHOD]
• Joint debts: [ALLOCATION METHOD]
• Valuation dates and methods: [DETAILS]
• Sale, refinance, or transfer procedure: [DETAILS]

10.2 Maintenance — Select One

AS 25.24.160(a)(2) authorizes maintenance that is just and necessary after
consideration of the listed case-specific factors. An unchecked option has no
effect.

• ☐ Maintenance reserved. Either party may seek maintenance under the law
  in effect when relief is requested.

• ☐ Express mutual waiver. Each party expressly waives maintenance, subject
  to a court's determination of validity, interpretation, and enforceability,
  including the changed-circumstances analysis recognized in Kilkenny.

• ☐ Custom provision. Schedule D states the duration, amount or formula,
  termination events, security, and assumptions, subject to court review under
  Alaska law.

This Agreement does not create a Uniform Premarital Agreement Act
public-assistance exception. Alaska counsel must analyze the selected term under
current Alaska law and the parties' disclosed circumstances.

10.3 Attorney's Fees and Procedure

The Agreement does not create an automatic prevailing-party award, require
commercial arbitration, waive a jury, select a nonexistent family-court
division, or promise specific performance or an injunction. A court with lawful
subject-matter jurisdiction and venue will decide contested enforceability and
available relief under the law governing the proceeding.

10.4 Children

This Agreement does not determine parentage, custody, parenting time,
decision-making, relocation, child support, or a child's rights. No property or
community-property election may adversely affect a child's support rights.

11. Rights at Death

11.1 Select One

• ☐ Rights reserved. Each party reserves all rights arising at the other's
  death unless changed by a later valid estate-planning instrument.

• ☐ Specific waiver intended. The parties incorporate completed Schedule E,
  signed by each waiving party after separate estate-planning advice and the
  disclosure described below.

11.2 AS 13.12.213 Safeguards

AS 13.12.213 permits a surviving spouse to waive, wholly or partially, the
elective share, homestead allowance, exempt property, family allowance, and
specified succession rights through a written contract, agreement, or waiver
signed by the surviving spouse. A waiver is not enforceable if the surviving
spouse proves lack of voluntariness, or proves the statutory combination of
unconscionability and deficient disclosure, waiver, and knowledge.

Schedule E must therefore identify each right waived or reserved, include a
fair and reasonable disclosure of property and financial obligations, describe
the practical effect of the waiver, and be signed by the waiving party. A broad
waiver of “all rights” can have the extensive effects described in AS
13.12.213(d); no such phrase may be used without itemized explanation.

This Agreement does not itself change a beneficiary designation, retirement
plan, transfer-on-death arrangement, deed, will, trust, or federal consent
requirement. Counsel must coordinate each intended result with the controlling
instrument and law.

12. Optional Alaska Community Property Election

Alaska's community-property regime is elective, not the default consequence of
marriage. The parties make no election under AS 34.77 through the main body of
this Agreement.

If the parties want an election, they must separately complete and sign the
Optional Separate Alaska Community Property Agreement after Schedule E. AS
34.77.090 requires that separate agreement to be a writing signed by both
spouses, classify some or all property as community property, and begin with
the exact capitalized statutory warning. Persons intending to marry may sign it
before marriage, but it does not become effective until they marry.

The separate agreement must be reviewed for creditor, management, gift,
dissolution, death, tax, tracing, amendment, and child-support consequences. A
checked box in this main Agreement is not a community-property election.

13. General Terms

Effective date. This Agreement becomes effective only when the parties
legally marry each other. If they do not marry, it has no effect.

Amendment or revocation. The parties intend to amend or revoke this
Agreement only through a later writing signed by both parties after updated
disclosure and separate advice appropriate to the affected rights. Counsel must
determine whether the later instrument is a premarital, marital, separation,
estate, or community-property agreement and apply the correct rules.

Entire agreement. This Agreement and its incorporated schedules contain the
parties' complete agreement on the subjects expressly addressed. No schedule
may be omitted at signing.

Severability and selective enforcement. If a court declines to enforce a
term, the remaining provisions operate only to the extent the court determines
they can fairly and lawfully do so without inventing a promise or materially
rewriting the parties' bargain.

Governing law. Alaska law governs to the extent permitted by the forum's
conflict-of-laws rules and any mandatory law applicable to a person, property,
creditor, plan, or proceeding.

Counterparts and originals. The parties may sign matching paper
counterparts that together form one Agreement. Each party and counsel should
retain a complete signed original with every schedule and attachment.

No commercial boilerplate. This Agreement contains no force-majeure clause,
liability cap, contractual default schedule, automatic remedy, or assignment of
personal marital rights.

14. Final Acknowledgments

Each party confirms on the date that party signs:

1. I read the complete Agreement and all schedules before signing.

2. My disclosure is complete and accurate in all material respects as of its
   stated date.

3. I received the other party's disclosure and had time to request documents,
   valuations, and corrections.

4. My independent lawyer explained the default Alaska rules and each altered or
   waived right.

5. I understand the present and reasonably foreseeable economic effect of the
   Agreement.

6. I had sufficient time to review and negotiate the final text.

7. I sign voluntarily and without fraud, duress, coercion, undue influence, or
   impairment.

8. No oral promise, omitted side agreement, or undisclosed financial fact
   induced my signature.

9. I understand that a later court may consider the parties' conduct and
   materially changed circumstances when deciding enforcement.

15. Signatures

Party A

Signature: ____________________________________

Printed name: [FULL LEGAL NAME]

Date: [__/__/____]

Independent Alaska counsel: [NAME / FIRM]

Party B

Signature: ____________________________________

Printed name: [FULL LEGAL NAME]

Date: [__/__/____]

Independent Alaska counsel: [NAME / FIRM]

16. Optional Notary Acknowledgments

Party A Acknowledgment

State of [STATE]

On [__/__/____], before me personally appeared [PARTY A NAME], who
acknowledged signing this Agreement voluntarily.

Notary signature: ____________________________________

Printed name: [NAME]

My commission expires: [__/__/____]

Party B Acknowledgment

State of [STATE]

On [__/__/____], before me personally appeared [PARTY B NAME], who
acknowledged signing this Agreement voluntarily.

Notary signature: ____________________________________

Printed name: [NAME]

My commission expires: [__/__/____]

Schedule A — Party A Financial Disclosure

Attachments: [LIST]

Party A certifies this Schedule is complete and accurate to the best of Party
A's knowledge as of [__/__/____].

Signature: ____________________________________

Schedule B — Party B Financial Disclosure

Attachments: [LIST]

Party B certifies this Schedule is complete and accurate to the best of Party
B's knowledge as of [__/__/____].

Signature: ____________________________________

Schedule C — Asset-Specific Property Rules

Attach a separate row or addendum for each business, real property interest,
trust interest, retirement interest, valuable collection, intellectual-property
right, or asset receiving material labor or expenditures during marriage.

Schedule D — Custom Maintenance Terms

☐ Not used; maintenance is reserved.

☐ Not used; the express mutual waiver in Section 10.2 is selected.

☐ Custom terms are attached and address amount or formula, duration,
termination, modification, security, tax assumptions, health coverage, and the
facts supporting the parties' informed decision.

Attached terms: [EXHIBIT / DETAILS].

Schedule E — Specific Rights at Death

E.1 Election

Party A: ☐ Reserves all rights ☐ Waives only the rights checked below

Party B: ☐ Reserves all rights ☐ Waives only the rights checked below

For each waiving party:

• ☐ Surviving-spouse elective share
• ☐ Homestead allowance
• ☐ Exempt property
• ☐ Family allowance
• ☐ Intestate succession
• ☐ Benefits under a will executed before this waiver
• ☐ Other specifically described right: [________________]

E.2 Disclosure and Effect

The disclosure supporting this waiver consists of: [SCHEDULES / ATTACHMENTS].

The practical effect, rights retained, and property or benefit provided in
connection with the waiver are:

[____________________________________________________________]

E.3 Waiving-Party Signatures

Party A signature, if waiving any right: _________________________________

Date: [__/__/____]

Party B signature, if waiving any right: _________________________________

Date: [__/__/____]

OPTIONAL SEPARATE ALASKA COMMUNITY PROPERTY AGREEMENT

THE CONSEQUENCES OF THIS AGREEMENT MAY BE VERY EXTENSIVE, INCLUDING, BUT NOT LIMITED TO, YOUR RIGHTS WITH RESPECT TO CREDITORS AND OTHER THIRD PARTIES, AND YOUR RIGHTS WITH YOUR SPOUSE BOTH DURING THE COURSE OF YOUR MARRIAGE AND AT THE TIME OF A DIVORCE. ACCORDINGLY, THIS AGREEMENT SHOULD ONLY BE SIGNED AFTER CAREFUL CONSIDERATION. IF YOU HAVE ANY QUESTIONS ABOUT THIS AGREEMENT, YOU SHOULD SEEK COMPETENT ADVICE.

This separate Community Property Agreement is made on [__/__/____] by
[PARTY A] and [PARTY B]. The parties are:

• ☐ already married to each other; marriage date: [__/__/____]; or
• ☐ intending to marry each other; this separate agreement will become
  effective only if and when they marry.

CP-1. Property Classified as Community Property

The parties classify only the property specifically listed below as community
property under AS 34.77:

Property not listed above is not reclassified by this separate agreement.

CP-2. Disposition

Disposition during marriage: [RULE]

Disposition on dissolution: [RULE]

Disposition at death: [RULE / “NONE; GOVERNED BY OTHER VALID INSTRUMENTS”]

This separate agreement does not adversely affect a child's right to support
and does not bind a creditor contrary to AS 34.77.

CP-3. Amendment or Revocation

This separate agreement may be amended or revoked only as follows:
[TERMS CONSISTENT WITH AS 34.77.090(e)].

CP-4. Separate Signatures

Party A signature: ____________________________________

Printed name: [FULL LEGAL NAME]

Date: [__/__/____]

Party B signature: ____________________________________

Printed name: [FULL LEGAL NAME]

Date: [__/__/____]

Sources and References

• Alaska Statutes, AS 25.15.010-.060 — property rights and liabilities of spouses
• Alaska Statutes, AS 25.24.160 — maintenance and property orders
• Alaska Statutes, AS 13.12.213 — waiver of surviving-spouse rights
• Alaska Statutes, AS 34.77.010-.150 — elective community-property regime
• Brooks v. Brooks, 733 P.2d 1044 (Alaska 1987)
• Compton v. Compton, 902 P.2d 805 (Alaska 1995)
• Andrew B. v. Abbie B., 494 P.3d 522 (Alaska 2021)
• Kilkenny v. Kilkenny, Alaska Supreme Court Opinion No. 7787 (Sept. 19, 2025)