Prenuptial Agreement Attorney in Phoenix & Arizona Prenup Lawyer

A prenuptial agreement, also referred to as a premarital agreement, is a legal contract between two individuals who are planning to get married. The agreement outlines the rights and obligations of each party in the event of divorce or separation.

In Arizona, a prenuptial agreement can cover a wide variety of issues, including property division, spousal support, and inheritance rights. The agreement can specify how the property or assets will be divided in the event of a divorce, and can also address issues such as debt, retirement benefits, and life insurance policies.

To be enforceable in Arizona, a premarital agreement must be in writing and signed by both parties before they get married. Both parties must also have the opportunity to review the agreement and consult with an independent attorney prior to signing.

While a prenuptial agreement can be highly beneficial for many couples, it may not be appropriate or necessary for everyone. Whether or not an individual needs a prenup depends on their individual circumstances and needs.

The following are a few common situations in which a prenuptial agreement may be beneficial:

• High Net Worth. If a person has significant assets, such as property, investments, or businesses, a prenuptial agreement can help protect those assets in the event of a divorce.
• Business Owners. If an individual owns a business, a prenuptial agreement can help protect their business interests in the event of separation, as well as provide for the protection of valuable intellectual property.
• Second Marriages. If an individual or their spouse has been previously married and has children from the prior relationship, a prenuptial agreement can help ensure that the children’s interests are protected.
• Unequal Assets. If partners have significantly different assets or incomes, a prenup can help ensure that each party is insulated from inequitable outcomes should divorce arise.
• Spousal Support. A prenuptial agreement can set out the terms and conditions of spousal support, helping to alleviate future uncertainty.

Watch the following video to learn more about prenuptial agreements, and decide for yourself whether or not it is the right option for your family:

video

Overall, a prenuptial agreement can be a beneficial tool for many couples, especially those with significant assets or income, or who have been previously married. As an experienced Phoenix prenup agreement lawyer, I can discuss your individual situation and provide guidance as to whether a prenuptial agreement may be advantageous for you.

For a prenuptial agreement to be valid in Arizona, the following must be met:

• The premarital agreement must be in writing;
• The agreement must be voluntarily signed by both parties; and
• The prenuptial agreement must be signed following fair and reasonable disclosure of property, assets, and financial obligations.[1]

What Types of Issues Can Be Addressed In Arizona Prenuptial Agreements?

The parties to an Arizona premarital agreement may contract with respect to the following:

• The rights and obligations of each of the parties in any of the property of either or both of them;
• The right to buy, sell, use, transfer, exchange, abandon, consume, expend, assign, or create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property;
• The disposition of property (upon separation, divorce, or death);
• The modification or elimination of spousal support;
• The making of a will, trust, or other legal instruments to carry out an agreement provision;
• The ownership rights in and disposition of a life insurance death benefit;
• The choice of law governing the agreement; and
• Any other matter, including their personal rights and obligations, that does not violate public policy or criminal laws.[2]

As a prenup attorney with almost three  decades of legal experience, I can discuss your objectives and provide guidance as to the provisions that may be beneficial to your particular circumstances.

[1] Ariz. Rev. Stat. § 25-202.

[2] Ariz. Rev. Stat. § 25-203.

Yes. A prenuptial agreement can be amended or revoked in Arizona.[1] To amend or revoke a prenuptial agreement, both parties must agree to the changes in writing and sign the written agreement. The amendment should provide a clear explanation of the changes being made and should be signed and notarized in the same manner as the original document.

It is vital to note that certain changes in circumstances, such as the birth of a child, a significant change in income, or a change in property ownership, may rarely  invalidate a marital agreement. Further, a prenuptial agreement can be challenged in court if it is found to be unconscionable, fraudulent, or obtained under duress.

The process for amending or revoking a prenuptial agreement in Arizona can be complex. As such, it is critical to work with an experienced marriage agreement attorney to ensure the process is conducted properly.

[1] Ariz. Rev. Stat. § 25-204.

Parties in Arizona can change many things about how their future, potential divorce would turn out under the Arizona laws using a premarital agreement. For example, in a divorce case, the judge is going to virtually always rule that income earned during the marriage is community property. However, using a prenuptial agreement, you can decide to treat all income earned during the marriage as separate property. There are many other aspects of the law that can be changed as well, such as how ownership of real estate will be handled, whether spousal maintenance (alimony) will be required, whether children’s college education must be paid, and various other issues that would usually turn out differently in an Arizona divorce trial in the absence of a prenuptial agreement.

Drafting an effective and valid prenuptial agreement can be challenging, however. Working with a lawyer who is knowledgeable about Arizona’s laws and regulations can help you create a prenuptial agreement that meets your needs. An experienced prenup attorney can also help ensure that the agreement is fair and enforceable under Arizona law.

Schedule A Consultation With Our Phoenix Prenuptial Agreement Attorney – (602) 788-1395

Whether you are a man or woman facing the important process of drafting a fair and effective prenuptial agreement in Arizona, I stand ready to assist with your matter. Whether you live or work in Phoenix, Scottsdale, Glendale, Tempe, Mesa, Anthem, Surprise, Chandler, Peoria, Goodyear, or any other Maricopa County city, I have a convenient location for you. Please call our office today to learn how I may be able to help protect your interests through a meticulously constructed prenuptial agreement.