The Supreme Court of Alaska addressed the enforceability of prenuptial agreements in Alaska. The couple in this case (Andy and Abbie) were married for 11 years before filing for divorce. Before getting married, Andy drafted a prenup using a lawyer’s blank template. The agreement contained several blank or missing sections. Abbie first read the agreement the night before their destination wedding ceremony when she was intoxicated (narcotics and alcohol) and exhausted from the events that day. She testified that she was taking narcotics due to pain from an injury Andy had caused her. Abbie argued (among other things) that she did not voluntarily enter into this agreement and that the circumstances surrounding its execution were unconscionable. She argued that she was intoxicated and exhausted from the travel and wedding events and only saw the agreement the day before the wedding, so she had no chance to get a lawyer if she wanted one. The result? The Alaska Supreme Court stated the following factors were relevant in determining whether a person enters a prenup voluntarily in Alaska: – The amount of time to review the agreement’s terms, – The ability to consult independent counsel, and – The ability to understand the terms (No single factor has more weight than the other. It’s an analysis to be done by a court). The Supreme Court sent the case back down to the lower court for more information on whether or not Abbie entered the agreement voluntarily. Andrew B. v. Abbie B., 494 P.3d 522, 539–40 (Alaska 2021)

An Alaskan trial court, and subsequently, the Alaskan Supreme Court, upheld a prenuptial agreement way back in the 80s. The Supreme Court stated that prenups “provide such people with the opportunity to ensure predictability, plan their future with more security, and, most importantly, decide their own destiny.” Brooks v. Brooks, 733 P.2d 1044, 1050 (Alaska 1987). In this case, an Alaskan couple signed a prenup five days before their wedding in 1978. The prenup was created based on a previous agreement the husband had used with an earlier wife. Neither party had an attorney look it over. Neither spouse fully disclosed their finances to the other. The prenup said: – Each person keeps their own property they had before getting married. – Any property or money they get after they’re married will be shared equally. – If they get divorced, the shared property will be split 50/50. In this case, neither the trial court nor the Supreme Court questioned its enforceability; thus, the couple’s assets were to be divided accordingly.