A well-crafted agreement brings clarity and peace of mind to a marriage.
Prenuptial and postnuptial agreements allow couples to decide in advance how financial matters will be handled, rather than leaving those questions to a court later. Arizona recognizes these agreements under the Uniform Premarital Agreement Act, and when they are drafted carefully, they provide valuable protection and predictability. Our attorneys prepare and review agreements that are thorough, balanced, and built to hold up.
What a Prenuptial Agreement Can Do
A prenuptial agreement is signed before marriage and takes effect upon marriage. It can, among other things:
- Define what property is separate and what will be treated as community property
- Protect a business, professional practice, or premarital assets
- Address responsibility for debts brought into or acquired during the marriage
- Set expectations regarding spousal maintenance
- Protect the inheritance rights of children from a prior relationship
Arizona law places limits on what these agreements can do — notably, they cannot adversely affect a child's right to support. We make sure your agreement addresses what it can, cleanly and enforceably.
Postnuptial Agreements
A postnuptial agreement serves similar purposes but is entered into after a couple is already married. Couples pursue them for many reasons — a change in financial circumstances, the launch of a business, an inheritance, or simply to put an understanding in writing. Because they are entered into between spouses who already owe each other legal duties, postnuptial agreements require particular care to be enforceable.
Making Sure Your Agreement Is Enforceable
An agreement is only worth what a court will enforce. Enforceability generally depends on the agreement being entered into voluntarily, with fair and reasonable financial disclosure, and without being unconscionable. We guide clients through full disclosure, independent review, and careful drafting so that the agreement stands when it matters most.
Ready to Take the Next Step?
Whether you are planning a marriage or want to formalize an understanding during one, we can help. Contact us today to schedule a consultation with one of our family law attorneys.