Alaska prenup checklist.

Signing formalities

Confirm the complete agreement and every incorporated schedule use the required form and signatures.

• Alaska Stat. § 09.25.010(a)(5) · An agreement made upon consideration of marriage, other than mutual promises to marry, is unenforceable against the party charged unless the agreement or a note or memorandum is written and subscribed by that party or an authorized agent.
• Alaska Stat. § 34.77.090(a)–(b) · The separate Community Property Act instrument must be in a written document signed by both spouses, classify some or all property as community property, and begin with the statute's capital-letter warning; it is enforceable without consideration.

Acknowledgment

Check whether the agreement or a related instrument uses an acknowledgment, notarization, witness, or recording formality.

No separate source record is catalogued for this topic. That is a research-coverage statement, not a claim that no applicable law exists.

Effective date

Identify the event and date on which the agreement says it becomes effective.

• Alaska Stat. § 34.77.090(f); § 34.77.900(7) · People intending to marry may execute a community property agreement as if married, but it becomes effective only when they marry; the chapter's determination date is the latest of marriage, the instrument's effective date, or May 23, 1998.
• Andrew B. v. Abbie B., 494 P.3d 522 (Alaska 2021) · For an ordinary premarital agreement, the contemplated marriage supplies consideration; adequacy of the bargain is addressed through fairness rather than by inventing an unstated promise.

Permitted subjects

Map each material clause to a subject the cited authorities address and flag terms requiring separate authority.

• Alaska Stat. § 34.77.090(c)–(d) · A qualifying community property agreement may address property rights, management, disposition, estate planning, nonprobate transfers, governing law, and other lawful property matters, but may not adversely affect a child's right to support.

Property

Reconcile property labels with title, income, appreciation, debt, and disposition terms.

• Alaska Stat. § 13.12.213 · A surviving spouse may waive elective-share, homestead, exempt-property, and family-allowance rights before or after marriage in a signed writing; the statute preserves voluntariness and execution-time unconscionability plus disclosure, written-waiver, and knowledge safeguards.
• Andrew B. v. Abbie B., 494 P.3d 522 (Alaska 2021) · Ordinary contract interpretation applies, but a court may not add a benefit, fund, or promise the parties did not make merely to repair a one-sided agreement.
• Compton v. Compton, 902 P.2d 805 (Alaska 1995) · A valid prenup is persuasive but not conclusive evidence of intent to keep property separate; a court may examine the parties' treatment of particular assets and find transmutation while the agreement remains valid.

Spousal support

Identify every support waiver, cap, formula, review event, and enforcement-time safeguard.

• Kilkenny v. Kilkenny, No. S-18602, Opinion No. 7787 (Alaska Sept. 19, 2025) · A court may selectively strike terms made unfair or unreasonable by material changed circumstances without voiding the entire agreement, but it may not add new promises and must explain term-by-term choices sufficiently for appellate review.
• Kilkenny v. Kilkenny, No. S-18602, Opinion No. 7787 (Alaska Sept. 19, 2025) · Kilkenny holds that domestic violence and coercive financial control during marriage may be material changed circumstances making particular attorney-fee, support, or property-remedy restrictions unfair or unreasonable.

Children and support

Flag any term that attempts to predetermine child support, custody, or another child-related decision.

• Alaska Stat. § 34.77.090(c) · A community property agreement may not adversely affect a child's right to support.
• Nix v. Nix, 855 P.2d 1332 (Alaska 1993); Alaska Civil Rule 90.3 · No private child-support waiver is valid without judicial scrutiny under Civil Rule 90.3, and parents may not contract around the child's right or the court's guideline and modification duties.
• Dirkes v. Dirkes, 502 P.3d 1115 (Alaska 2022) (Opinion No. 7575) · Trial courts, not parents, are the ultimate custody decision makers and are not bound by private agreements; current best-interests law controls.

Amendment and revocation

Confirm every claimed amendment or revocation is complete and follows the applicable form.

• Alaska Stat. § 34.77.090(e) · A community property agreement may be amended or revoked only as the agreement itself permits or by a later community property agreement; the statute also contains a qualified surviving-spouse rule for nonprobate dispositions.
• Compton v. Compton, 902 P.2d 805 (Alaska 1995) · Alaska has no general UPAA amendment section for ordinary prenups; Compton distinguishes asset-specific transmutation evidence from formal modification or waiver of the agreement.

Voluntariness

Build a factual timeline of drafts, negotiations, pressure, capacity, language access, and signing.

• Brooks v. Brooks, 733 P.2d 1044 (Alaska 1987) · Brooks recognizes legally procured and ostensibly fair premarital agreements and asks about fraud, duress, mistake, misrepresentation or material nondisclosure, execution-time unconscionability, and changed circumstances making enforcement unfair or unreasonable.
• Andrew B. v. Abbie B., 494 P.3d 522 (Alaska 2021) · Andrew requires a combined, fact-specific evaluation of time to review, ability and opportunity to consult independent counsel meaningfully, and ability to understand the agreement; no single factor is dispositive and ordinary duress is not the exclusive test.

Financial disclosure

Compare the agreement and schedules against assets, debts, income, business interests, trusts, and any waiver.

• Alaska Stat. § 34.77.090(g)–(i) · Section 34.77.090 supplies different enforcement formulations for agreements executed during marriage and before marriage, addressing voluntariness, execution-time unconscionability, disclosure, written waiver, and financial notice; the court decides unconscionability as a matter of law.
• Brooks v. Brooks, 733 P.2d 1044 (Alaska 1987) · Material nondisclosure, misrepresentation, fraud, mistake, or duress can defeat enforcement under Brooks; the actual schedules, debts, values, and knowledge record must be preserved.

Independent counsel

Record who advised each party, when advice occurred, and which draft was reviewed.

• Andrew B. v. Abbie B., 494 P.3d 522 (Alaska 2021) · The focus is not merely whether separate counsel appeared, but whether the party had the ability and opportunity to consult independent counsel in a meaningful way.

Timing

Measure the time between first draft, material revisions, legal review, wedding, and signing.

• Andrew B. v. Abbie B., 494 P.3d 522 (Alaska 2021) · Alaska has no fixed statutory waiting-period safe harbor for an ordinary prenup; Andrew makes the actual time to receive, review, understand, and respond to the agreement essential to voluntariness.

Public assistance

Identify support terms that could interact with public-benefit eligibility at enforcement.

No separate source record is catalogued for this topic. That is a research-coverage statement, not a claim that no applicable law exists.

Void marriage

Identify whether the agreement addresses a marriage later determined to be void.

No separate source record is catalogued for this topic. That is a research-coverage statement, not a claim that no applicable law exists.

Other limitations

Identify severability, limitations, public-policy, choice-of-law, and other enforcement boundaries.

• Alaska Stat. tit. 25, including § 25.24.160 · Title 25 supplies mandatory dissolution, property, support, custody, and child-related rules that operate alongside any premarital agreement.
• Kilkenny v. Kilkenny, No. S-18602, Opinion No. 7787 (Alaska Sept. 19, 2025) · Kilkenny confirms the court first asks whether execution was voluntary, then whether the agreement was unconscionable when executed or later circumstances make enforcement unfair and unreasonable; it expressly notes Alaska has not adopted UPMAA.