When you’re getting married, the last thing on your mind may be a prenuptial agreement. But if you have assets or want to protect yourself in case of a divorce, a prenup can be a smart move. Here are all the basics you need to know about prenups in Arizona in 2022. Keep in mind that laws can change, so this information is subject to updates. Please consult with an attorney if you have specific questions about your situation.
What Is A Prenuptial Agreement?
A prenuptial agreement, also known as a prenup, is a legally binding contract created by two people before they get married. The prenup outlines each person’s financial rights and responsibilities during the marriage, and what will happen to their assets and debts if the marriage ends in divorce.
Prenups are particularly important for couples who have significant assets or debts, who own a business together, or who have children from a previous relationship. But any couple can benefit from creating a prenup since it can help avoid disagreements about money later on.
Who Should Get A Prenuptial Agreement?
There’s no one answer to this question, as prenuptial agreements can be beneficial for a wide variety of couples. In general, though, prenuptial agreements tend to be a good idea for couples who:
- Have significant assets or debt going into the marriage
- Have children from a previous relationship
- Are marrying later in life
- Have significant income disparity between them
- Own a business
How Do Prenuptial Agreements Work In Arizona?
In these agreements, couples can outline how they want their assets to be divided in the event of a divorce. Prenuptial agreements are legally binding in Arizona. This means that, if a couple gets divorced and there is a prenuptial agreement in place, the court will typically honor the terms of the agreement. However, there are some situations in which a court may choose to invalidate a prenuptial agreement. These situations include:
- The prenuptial agreement was not signed voluntarily
- The prenuptial agreement is unconscionable, meaning it would result in an unfair outcome
- One of the spouses did not have the opportunity to seek legal counsel before signing the prenuptial agreement
- One of the spouses did not disclose all of their assets or debts before signing the prenuptial agreement
What Should Be Included In A Prenuptial Agreement?
A prenuptial agreement should include a clear division of assets and debts, as well as each person’s financial rights and responsibilities during the marriage. It should also outline what will happen to those assets and debts in the event of divorce or death.
Some couples also choose to include provisions for spousal support, child custody, and other potential issues that might arise during the marriage. However, it’s important to note that prenuptial agreements cannot override state laws on these matters.
What Does A Valid Arizona Prenuptial Agreement Look Like?
For a premarital agreement to be valid in Arizona, it must meet the following requirements:
- It must be in writing and signed by both parties.
- It must be executed before the marriage takes place.
- The agreement must not be unconscionable.
- Full and fair disclosure of each party’s finances must be made.
- Each party must have the opportunity to consult with an attorney before signing the agreement.
If these requirements are met, then the premarital agreement will be valid and enforceable in Arizona.
How Much Does It Cost To Create A Prenuptial Agreement?
In order to create a prenuptial agreement, you will need to hire an attorney. The cost of an attorney will depend on their hourly rate and the amount of time it takes to draft the agreement. On average, attorneys charge between $200 and $500 per hour.
How Long Does It Take To Create A Prenuptial Agreement?
Once you have hired an attorney, the process of creating a prenuptial agreement can take anywhere from a few days to a few weeks. The amount of time it will take will depend on the complexity of your assets and the negotiation process between you and your soon-to-be spouse.
What Should Prenuptial Agreements Cover?
Prenuptial agreements can cover a variety of topics, but there are some common items that are typically included in these types of agreements. These items can include:
- How property will be divided in the event of a divorce or separation
- Each spouse’s financial obligations during the marriage
- What will happen to pre-marital debt in the event of a divorce or separation
- Each spouse’s rights and responsibilities with regard to any children from the marriage
- Any other topics that the spouses feel are important to include in the agreement
What Are The Benefits Of Having A Prenuptial Agreement?
There are many benefits to having a prenuptial agreement, especially if you have significant assets or debts. Some of the benefits of these agreements can include:
- You can protect your assets in the event of a divorce or separation.
- You can determine how your assets will be divided in the event of a divorce or separation.
- You can protect your business interests in the event of a divorce or separation.
- You can limit your financial liability in the event of a divorce or separation.
- You can reduce the stress and anxiety that comes with the uncertainty of not knowing what will happen to your assets in the event of a divorce or separation.
So, what do you think? Are prenuptial agreements something you and your fiance should consider? If so, give us a call today. We can help make sure everything is in order before your big day arrives. And who knows, maybe we can save you some money in the process!
Are You Looking for a Family Law Attorney You Can Trust?
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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