Do I Really Need a Prenup? What Arizona Couples Should Know About Premarital Agreements Before Saying “I Do”

Talking about a prenuptial agreement might not seem like the most romantic part of planning a wedding, but it could be one of the smartest. Just like drafting a will or buying insurance, preparing a prenuptial agreement is a proactive measure that can provide peace of mind for both partners.  

A prenuptial agreement, also known as a “prenup” or premarital agreement, is a contract entered into by two parties in contemplation of marriage. Under Arizona law, these agreements are governed by the Uniform Premarital Agreement Act (UPAA), codified in A.R.S. §§ 25-201 through 25-205. The UPAA allows couples to contract with respect to matters such as the division and or designation of property, spousal maintenance, rights to income from separate assets, and debt responsibility. 

There are many reasons a couple might consider a prenuptial agreement. Individuals who bring significant premarital assets into a marriage often wish to protect those assets, particularly if they own real estate, operate a business, or expect a future inheritance. Others may be entering second marriages or want to preserve assets for children from previous marriages. Some couples see a prenup as a way to preemptively address issues that would come up in a divorce or separation at a time while both parties are getting along and to avoid future disputes by setting clear expectations from the outset. Regardless, a valid prenup can provide clarity and reduce uncertainty. 

A major benefit of a prenuptial agreement in Arizona is the ability to opt out of the state’s default community property laws. In the absence of a valid prenup, Arizona law presumes that any income earned, or assets acquired by either spouse during the marriage are jointly owned and thus subject to equitable division upon divorce. A prenuptial agreement allows couples a bit of control over the designation of income, assets and debts.  

However, while Arizona law permits couples to make decisions in their prenups regarding division of property and spousal maintenance, prenuptial agreements cannot be used to predetermine child custody or child support.  This is because, under Arizona law, child support and child custody are determinations that must be made at the time of separation or divorce and must reflect the best interests of the child at that specific time.   

Getting married or thinking about a prenuptial or premarital agreement? Paradise Valley Family Law can guide you through the process with compassion and professionalism. Contact us here at Paradise Valley Family Law or give us a call at 480-498-3175 to schedule a consultation!