What are the Limits of Prenuptial Agreements in AZ?

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When you get married, you’re making a commitment for life. But what about when things don’t work out? If you’re thinking about getting divorced, you’ll want to know what your options are. Prenuptial agreements can be a helpful way to plan for the future, but there are some limits to what they can do in Arizona. Here’s what you need to know.

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Limit Child Support

In Arizona, prenuptial agreements cannot limit child support. Child support is a legal obligation of both parents and is set by the court based on the best interests of the child. While a prenuptial agreement may spell out how property will be divided in the event of a divorce, it cannot determine how much child support one parent will pay to the other. This means that it cannot be divided up between the spouses in a divorce. Instead, the state has its own guidelines for how child support should be calculated. These guidelines take into account the income of both parents and the needs of the child.

If you are considering a prenuptial agreement, it’s important to understand the limits of what such an agreement can and cannot do. An experienced family law attorney can help ensure that your prenuptial agreement is valid and enforceable under Arizona law.

Prenuptial agreements can, however, stipulate how other aspects of a divorce will be handled. This includes things like property division and spousal support.

Penalize Adultery

If adultery is penalized in a prenuptial agreement, the person who committed adultery may have to pay a fine or may be required to give up certain rights that were included in the agreement. For example, the adulterous spouse may lose the right to live in the marital home or may be required to pay alimony. Additionally, the penalties for adultery can vary depending on the state in which the prenuptial agreement was signed.

In Arizona, for instance, prenuptial agreements cannot include provisions that would penalize either party for committing adultery. Therefore, if a couple signs a prenuptial agreement in Arizona and one spouse commits adultery, that spouse will not be liable for any penalties under the agreement.

This is because Arizona is a no-fault state, meaning that fault such as adultery is not considered when determining the division of property in a divorce. Therefore, even if a prenuptial agreement were to stipulate that a cheating spouse would have to forfeit certain assets, that provision would likely not be enforceable in court.

Adultery is not considered to be a crime in Arizona. Additionally, any clause in a prenuptial agreement that attempts to penalize adultery would likely be considered unenforceable by a court.

There are other limits to what can be included in a prenuptial agreement in Arizona. For instance, child support and custody arrangements cannot be decided in advance through a prenup. These topics must be addressed during divorce proceedings, taking into account the best interests of the child.

It Cannot Hide Assets

Under Arizona law, both spouses are required to fully disclose all of their assets and debts to each other before entering into a prenuptial agreement. This is because the purpose of a prenuptial agreement is to make sure that both spouses are aware of and agree to the financial terms of their marriage. If one spouse tries to hide assets from the other, it defeats the purpose of the agreement and can invalidate the entire document.

Similarly, a prenuptial agreement cannot be used to protect assets in the event of a divorce. The agreement can only be used to determine how assets will be divided if the marriage ends in death or divorce. So, if one spouse tries to use a prenuptial agreement to keep all of their assets in the event of a divorce, the court is likely to invalidate the agreement.

If you’re considering entering into a prenuptial agreement, it’s important to understand the limits of what the agreement can and can’t do. An experienced attorney can help you draft an agreement that meets your needs and complies with Arizona law.

Arizona is a community property state, which means that all assets and debts acquired during the marriage are considered to be owned equally by both spouses. If one or both parties try to hide their assets using a prenuptial agreement, the court may void the agreement or award a different distribution of assets than what was agreed to in the prenuptial agreement.

The court may also void a prenuptial agreement if it finds that the agreement was unconscionable when it was signed, meaning that it was unfair and one-sided. Finally, the court may refuse to enforce a prenuptial agreement if it finds that enforcement would violate public policy.

Though prenuptial agreements have their limits, they can still be incredibly helpful in protecting both spouses’ interests. If you are considering getting married and want to make sure your assets are protected in case of a divorce, please call us today. We can help you draft an agreement that will stand up in court and ensure that both you and your spouse are taken care of during and after the marriage.

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The attorneys at GillespieShields are well-versed in a variety of different legal fields, ranging from family law to civil suits, employment disputes and probate cases. Although we specialize in several areas of practice, our greatest passion is family law. We believe in giving families peace of mind no matter their situation, and we fight hard to maintain that peace. Whether you’re filing for dissolution or divorce, determining custody of your children, or thinking about adopting children, our experienced attorneys are here to help you every step of the way.  During our private, one-on-one consultation, we’ll take the necessary time to answer and and all of our questions surrounding Arizona’s family laws, your family’s unique situation, and the possible court outcomes. Contact us today for your consultation!


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