Prenuptial Agreement Lawyer

A prenuptial agreement (prenup) is a legally binding contract entered into by a couple before marriage. It outlines how assets, debts, and property will be divided in the event of divorce or death, allowing couples to bypass default state laws.

To create a valid prenup, the document must be in writing and signed by both parties voluntarily. Arizona follows the Uniform Premarital Agreement Act (UPAA), which requires that the agreement is not unconscionable and that both parties provided a fair and reasonable disclosure of assets.

Yes, hiring a lawyer is highly recommended to ensuring the document holds up in court. If one party has legal representation and the other does not, a judge may view the agreement as unfair or coercive, potentially rendering it invalid.

Arizona law requires that the agreement be written, signed voluntarily, and executed without coercion or duress. Additionally, both parties must have had adequate time to review the terms, and there must be a full disclosure of all financial assets and liabilities before signing.

A prenup provides financial clarity, protects separate property acquired before the marriage, and shields you from your spouse’s pre-existing debts. It also reduces conflict and legal costs in the event of a divorce by pre-determining the division of assets.

The primary difference is timing. A prenuptial agreement is signed before the marriage takes place, while a postnuptial agreement is executed after the couple is already married. Both serve similar functions regarding asset division but have slightly different legal standards for enforcement.

We start with a consultation to understand your financial goals and marital concerns. We then draft a custom agreement tailored to your specific situation, review it with you, negotiate terms with your partner’s counsel if necessary, and oversee the final signing.

Arizona law requires “full and fair” disclosure. This means you must list all real estate, bank accounts, investment portfolios, business interests, and debts. Hiding assets is a primary reason courts invalidate prenuptial agreements.

The process typically takes two to four weeks, depending on the complexity of the estate and the speed of negotiations. We recommend starting the process at least a few months before the wedding to avoid claims of last-minute coercion.

Common errors include signing the document too close to the wedding date, failing to disclose all assets, including invalid provisions (like child custody terms), and sharing the same attorney. Each party should have independent legal counsel.

No. In Arizona, matters regarding child custody and child support are determined by the court based on the “best interests of the child” at the time of divorce. Provisions attempting to pre-determine these issues are unenforceable.

Yes. A properly drafted prenup can classify pre-marital debts (like student loans or credit card balances) as the separate responsibility of the debtor, protecting the other spouse from liability.

Yes, you can modify or revoke the agreement after marriage, provided both parties agree to the changes in writing. However, there are limitations. This is typically done through a written amendment or a new postnuptial agreement.

Not at all. Many couples view a prenup as a tool for open communication and financial planning. It establishes a foundation of honesty regarding finances, which can actually strengthen the trust in the relationship.

We specialize in Arizona family law and estate planning, ensuring your agreement is compliant with current state statutes. We focus on creating durable, fair agreements that protect your future while respecting the sensitive nature of your upcoming marriage.