Prenuptial or premarital agreements are written contracts couples enter into in anticipation of marriage. The purpose of a premarital agreement is to determine each person’s financial rights and responsibilities during marriage and in the event of death, divorce, or legal separation.
If you are preparing for marriage and have questions about a premarital agreement or you are concerned about the viability of your current premarital agreement, the 602 Law Group can help.
How We Can Help With Your Phoenix Prenuptial Agreement
Arizona’s divorce laws provide for an equal division of assets and debts during a divorce. When a couple enters and ends a marriage on a similar financial footing, this may be an appropriate distribution of marital property.
However, people who marry with substantial wealth, retirement accounts, inheritance, or who own separate businesses, may prefer to maintain their assets separate from their spouse through a binding premarital agreement. If this is your situation, the 602 Law Group, will work with you to identify your individual assets and determine the best way to protect yourself in the event of a divorce later on.
If you are concerned about the adequacy or validity of your prenuptial agreement, the 602 Law Group can speak with you about any outstanding issues, review your agreement for legality, and carefully explain the strengths and weaknesses of your case.
Contact us to schedule a confidential consultation. At the 602 Law Group, we believe in quality legal services that are efficient and cost-effective.
What Can Be Addressed in an Arizona Prenuptial Agreement?
Prenuptial agreements typically address each person’s premarital assets and whether those assets, including any gains or increases in value, will continue as separate property throughout the marriage.
Prenuptial agreements may also specify the treatment of:
- Retirement assets
- Income
- Financial obligations during the marriage
- Ownership of property marital property
- Whether a spouse is entitled to spousal maintenance in the event of a divorce
- The death of a spouse
Arizona Prenuptial Agreements Cannot Include:
- Any agreement contrary to Arizona law or against public policy
- A pre-determination of child custody
- A pre-determination or waiver of child support
- A religious requirement for a spouse or children
What Must an Arizona Prenuptial Agreement Include?
In order to be valid, an Arizona prenuptial agreement must be:
- Written and signed by both parties prior to marriage
- Entered into voluntarily
- Conscionable
- Accompanied by a fair disclosure of the other party’s assets and debts as of the time of the marriage
A prenuptial agreement will not stand without a fair disclosure of debts and assets when the signing party had no independent knowledge of the other person’s finances and did not sign a waiver to such a disclosure.
Contact the Attorneys At The 602 Law Group Today
Make sure your prenuptial agreement is valid and will hold up in court, have it prepared by an experienced attorney at the 602 Law Group.
If you would like your current prenuptial agreement reviewed, reach out to the 602 Law Group in our Phoenix office. We will gladly set a time for your consultation with a qualified Phoenix divorce lawyer.