Premarital Agreements

In Arizona, Premarital Agreements, also known as Prenuptial Agreements, are legal contracts made between prospective spouses before they get married, which outline the rights and obligations of each spouse in the event of divorce or death.  These agreements often address issues such as the division of property, spousal maintenance/support, inheritance rights, and other financial matters.  Arizona law recognizes premarital agreements as enforceable contracts if they are entered into voluntarily by both parties, and are not unconscionable or obtained through fraud, duress, or coercion.

Both parties need to provide full disclosure of their assets, debts, income, and financial obligations.  Failure to do so may render a Premarital Agreement unenforceable.

While it is not a legal requirement, it is advisable that each prospective spouse have independent legal representation when drafting or reviewing a Premarital Agreement.  This will help to ensure that their rights and interests are adequately protected.

Premarital agreements must be in writing and signed by both parties in the presence of a notary public.  Premarital Agreements can be modified or revoked after marriage.  Any changes must be made in writing and signed by both parties.

Premarital agreements cannot include certain provisions that may affect child support obligations or parenting arrangements, or may be deemed to be against public policy.  Any agreement that attempts to waive future spousal maintenance may be closely scrutinized by the court.

In the event of a divorce, either spouse can challenge the validity or enforceability of a Premarital Agreement.  Common grounds to challenge a Premarital Agreement includes lack of voluntary consent, failure to disclose assets, and a claim that the agreement is unconscionable.

It is essential for anyone considering a premarital agreement in Arizona to seek legal advice to make sure that that their rights are protected and that the agreement complies with Arizona law.