Prenuptial Agreement Lawyer in Phoenix & Prenup Attorney for Men

Before you can appreciate the significance of a prenuptial agreement, first consider how Arizona community property law works. In Arizona, all income and assets received during a marriage are presumed to be community property.

In a divorce, community property is usually divided equally. The same principle applies to debt: if it was accumulated during the marriage, it is presumed to be community debt, and community debt is usually divided equally between the spouses regardless of which spouse incurred the debt or whose name that debt is in.

A prenuptial agreement, also known as a prenup or premarital agreement, is a legal contract that is signed and entered into before two individuals get married. The agreement outlines specific terms and conditions of how a couple’s assets and debts will be divided in the event of divorce or separation.

Prenuptial agreements allow couples to define their individual property rights and establish any financial arrangements they wish to make during the course of a marriage. For example, a prenup can specify what assets an individual will receive in the event of a divorce, whether spousal support will be paid, and how debts will be divided. It can also address what happens to property in the event of a spouse’s death.

Prenuptial agreements can be useful for couples who have significant assets or debts, or for those who want to ensure that certain assets, such as a family business or inheritance, remain separate property. They can also help avoid disputes and legal battles in the event of a divorce.

Premarital agreements can be sensitive topics to discuss, and it is vital that both parties understand and agree to the terms outlined in the agreement. Further, it is generally recommended that each party consult with their own attorney to ensure that their interests are protected and their legal rights are upheld. As an experienced prenuptial agreement attorney with over two decades of legal experience, I can listen to the facts of your case, explain whether a premarital agreement may be beneficial, and carefully craft an agreement that seeks to protect your best interests.  My prenuptial agreements have been successful in cases where the parties later divorced.

Yes, premarital agreements can be invalidated in Arizona under certain circumstances.

In Arizona, a prenuptial agreement is presumed to be valid unless one of the following can be proven:

• Lack of Capacity. If one spouse did not have the mental capacity to understand the prenuptial agreement at the time it was sign, the agreement can be invalidated.
• Coercion, Fraud, or Duress. If one party was forced or pressured to sign an agreement, or if one individual deceived the other about important aspects of the agreement, a prenup may be invalidated.
• Unconscionability. If the terms of a prenuptial agreement are so one-sided and unfair to one party that it shocks the conscience, a court may find it unconscionable and invalidate the document.
• Violation of Public Policy or Law. A court may invalidate a prenuptial agreement if it violates public policy or the law. For example, an agreement that attempts to waive child support obligations would be invalid in Arizona.

It is critical to note that even if one of these factors is present, an entire prenuptial agreement may not necessarily be invalidated. The invalid portion may be severed, leaving the remainder of the agreement still enforceable.

Because prenuptial agreements can be invalidated, it is vital to ensure that all terms are carefully drafted in accordance with Arizona law. As an experienced prenuptial agreement lawyer, I can help ensure that your agreement complies with all applicable laws to avoid future challenges and disputes.

Here is just one sad example to drive home the point of what can happen to you if you don’t get a prenuptial agreement.

David marries Susan. David owned a house and a business. David is a hard-working, honest guy. Susan appears to be sweet and nice but little does David know – she’s had quite the past and is a bit of a party animal.

During the marriage, both the business and the house increased substantially because of David’s hard work. David spent many hours away from home building his business, and in his little free time, he made many important improvements to the residence using his own labor. He and Susan were married for 10 years. During the ten-year period, Susan made little or no money. She enjoyed being a housewife, or so she says or so David thought. In fact, it turns out that Susan was cheating on David, having multiple lovers over the many years of their marriage. She was partying and he was working to support her secret lifestyle.

David eventually decides to divorce Susan, or even worse, Susan decides to divorce David – it doesn’t matter who initiates the divorce for purposes of this example. During the divorce case, it is determined that through David’s hard work and many hours of valuable time spent on his business and the home, the business increased in value from $100,000, to $1,000,000. Also, the increase in the home’s value directly attributable to David’s hard labor was $200,000. Poor David; I’d hate to have to break the news to him, but the reality is that Susan, the woman he loved and trusted but who slept with countless lovers behind his back and laughed at him for being so naive, is most likely going to get a court order requiring David to pay her a total of $550,000. Even worse, he may have to pay her spousal maintenance (alimony) of $3,000 (based on his income) per month for five years, during which time Susan is free to continue partying on David’s dime. David is not going to be a happy guy for a very long time. He will be an economic slave to his partying ex-wife.

What could David have done to prevent this problem? Other than having a crystal ball and therefore knowing that Susan would turn out to be the wrong choice, he could have simply required her to sign a prenuptial agreement before marriage. In the prenuptial agreement it would state (and there is great flexibility in what a prenuptial can state, depending on the client’s objectives) that any money earned during the marriage, any asset purchased with it or before marriage, and any increase in its value, remains the sole and separate property of that spouse and shall not be divided in a divorce case. This would have saved David well over a half-million dollars (not even counting the likelihood that David may have to pay both his own attorney’s fees AND Susan’s attorney’s fees – over $30,000 combined)! David could have obtained a prenuptial agreement for the price of approximately $2,500 or less and having to deal with some initial emotional resistance from Susan, who probably knew very well from the beginning that she would be using this poor fellow for his ability to produce income. Even if Susan would have left him because of her “moral” opposition to the concept of prenuptial agreements, David would have been far better off without her.

Schedule A Consultation With An Experienced Phoenix Men’s Prenuptial Agreement Lawyer.

Don’t get victimized! Instead, obtain a prenuptial agreement before you marry someone. Many marriages end in divorce, sooner or later, no matter how much you may love your sweetie before marriage. Don’t become another victim of the family courts! Call Thomas Law Office today for your prenuptial agreement, and warn all your friends to do the same. There are many victims like Dave every day in Arizona courts who could have avoided victimization with the simple use of prenuptial agreement.

But if you are facing a divorce and don’t have a prenuptial agreement, there is still hope for you. Come in and let’s roll up our sleeves and see what we can do to minimize the damage you may be facing.