Getting married is an exciting time, but it's also important to have frank conversations with your future spouse about finances, assets, debts, and other practical matters that will affect your marriage. For some couples in Arizona, creating a premarital or prenuptial agreement with the help of an experienced attorney makes sense to clarify these issues upfront.
A premarital agreement allows you to determine in advance how assets and debts will be divided in case of divorce. It can give both spouses peace of mind and avoid potential confusion down the road. While not mandatory, hiring an attorney to assist with a prenup is highly recommended. An attorney can help you understand Arizona laws regarding premarital agreements and create an enforceable contract that protects both parties' interests. For couples entering a second marriage or bringing substantial individual assets into the marriage, a prenup is particularly advised. Even couples without many assets often find value in openly discussing financial topics before the wedding.
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A premarital agreement, also known as a prenuptial agreement or prenup, is a legally binding contract created by couples before they get married. It details how assets and debts will be divided if the marriage ends in divorce. It may also address spousal support obligations.
Ideally, a prenup should be drawn up 1-2 months before the wedding. This provides time to negotiate, draft an agreement, and make any necessary revisions.
With no prenuptial agreement, Arizona divorce laws will dictate how marital property is divided. This may result in outcomes you or your spouse don’t prefer. A prenup allows you to control these division terms.
Yes, premarital agreements are legally enforceable in Arizona as along as certain requirements are met: