Arizona Prenuptial Agreements: Building Strong Arizona Foundations
Your Arizona Path to Prenuptial Agreement Clarity
Choose Arizona’s Prenuptial Agreement Professionals
As you start your new life together, let Benjamin Legal help you build the strong foundation your future deserves. We know that prenuptial agreements might not be the easiest subject for couples, and we’re committed to handling your situation with the utmost care and professionalism.
A prenuptial agreement, commonly referred to as a “prenup,” is a legal contract entered into by couples prior to their marriage. The agreement outlines how the couple’s assets, debts, and income will be divided in the event of a divorce or legal separation. It may also include provisions related to individual assets, such as a family-owned business or real estate. Oftentimes, couples want to further define how money and income will be treated and handled during the course of their marriage as well. The agreement must be in writing, signed by both parties, and must not be signed under duress.
There are certain things that cannot be included in a prenuptial agreement in Arizona, such as provisions that waive a spouse’s right to child support.
Arizona Prenuptial Agreements FAQs
Your Title Goes Here
Your content goes here. Edit or remove this text inline or in the module Content settings. You can also style every aspect of this content in the module Design settings and even apply custom CSS to this text in the module Advanced settings.
"Are prenuptial agreements enforceable in Arizona?"
Prenuptial agreements are contracts that are in writing, signed by both parties, and voluntarily entered into without duress or coercion are enforceable in Arizona.
If one party challenges a prenuptial agreement, the court will review the agreement and consider factors such as the circumstances under which the agreement was signed, the financial disclosures provided, and numerous other related factors, to determine whether it will be enforced. To avoid having your prenuptial agreement deemed invalid by the court, it is best to meet with a legal professional to discuss your objectives and intentions.
"What can be included in a prenuptial agreement in Arizona?"
In Arizona, a prenuptial agreement outlines how the couple’s assets, debts, and income will be divided in the event of a divorce or legal separation. The agreement may also include provisions related to individual or pre-marital assets, such as a family-owned business, financial accounts, or real estate.
There are certain provisions that cannot be included in prenuptial agreements in Arizona including issues related to child custody or child support, as these agreements violate Arizona law and public policy.
"How do I create a valid prenuptial agreement in Arizona?"
Below are the basic steps to creating a valid and enforceable prenuptial agreement in Arizona:
- Disclose all financial information: Both parties must fully disclose all of their assets, debts, and income.
- Put the agreement in writing: The prenuptial agreement must be in writing and signed by both parties and should specify what assets and debts are covered, and how they will be divided in the event of a divorce or legal separation.
- Sign the agreement: Both parties must sign the prenuptial agreement in the presence of a notary public.
While those steps sound simple, it is important to note the following:
- Both parties must enter into the agreement voluntarily and without coercion or duress.
- The prenuptial agreement must not be unconscionable or unreasonably one-sided. The agreement must be entered into in good faith, and both parties must receive something of value in exchange for signing.
- Child custody and child support cannot be governed by a prenuptial agreement in Arizona.
"Can a prenup address spousal maintenance in Arizona?"
A prenuptial agreement can address spousal support in Arizona. The agreement can include provisions that determine if one spouse will pay spousal maintenance (alimony) to the other in the event of a divorce or legal separation, and the amount and duration of the payments. Unfortunately, this is one of the areas where we see the most errors on other prenuptial agreements, often costing people tens of thousands of dollars unnecessarily (for the payor or the payee), as different circumstances were not considered at the time of drafting of the prenuptial agreement, which we can often avoid for our clients.
A prenuptial agreement cannot govern issues related to child support or child custody, as these are determined by the court based on the best interests of the child.