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The Beginner’s Guide to Prenuptial Agreements in AZ

Before you say “I do” in Arizona, you may want to consider a prenuptial agreement. Though they may seem unromantic, prenuptial agreements can be helpful tools for protecting your assets in the event of a divorce. This guide will give you an overview of what prenuptial agreements are and how they work in Arizona.

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How Do Prenuptial Agreements Work In Arizona?

If you’re considering entering into a prenuptial agreement in Arizona, there are a few things you should know. First, prenuptial agreements are contracts between two people who are about to marry. In the contract, couples can agree on how to handle finances and property during the marriage, and what will happen to those assets if the couple divorces.

Prenuptial agreements can be very detailed, or they can be quite simple. They can cover everything from how much each person will contribute to the household expenses, to what will happen to the family home if the couple divorces.

It’s important to note that prenuptial agreements cannot include any provisions that would be considered illegal or against public policy. For example, you cannot include a provision in a prenuptial agreement that would allow one spouse to commit adultery and not be held accountable for it.

Prenuptial agreements must be in writing, and both parties must sign the agreement before witnesses. The agreement is then filed with the court.

Once a prenuptial agreement is in place, it’s generally considered to be binding on both parties. However, there are some circumstances under which a court may choose to set aside or void a prenuptial agreement. These circumstances typically involve one party hiding assets from the other, or one party being coerced into signing the agreement.

If you’re considering entering into a prenuptial agreement, it’s important to consult with an experienced Arizona family law attorney. An attorney can help you understand the implications of the agreement and can make sure that the agreement is fair to both parties.

Who Can Get Prenuptial Agreements In Arizona?

Prenuptial agreements are most often thought of as something that only wealthy couples or those with significant assets get. However, this is not always the case. Prenups can be beneficial for any couple who wants to establish financial boundaries and protections going into marriage.

If you’re considering a prenup, you may be wondering if you actually qualify to get one. In Arizona, there are no specific requirements in order to get a prenuptial agreement. As long as both parties are of legal age (18 years old) and sound mind, they can enter into a prenup.

It’s important to note that Arizona is an “all property” state, which means that all property acquired during the marriage is considered community property. This includes income, debts, and any property or assets bought during the marriage. However, there are some exceptions to this rule. Inherited property, for example, is typically not considered community property and can be protected in a prenup.

What Can Be Included In A Prenuptial Agreement In Arizona?

Prenuptial agreements can cover a wide range of topics, but there are some things that cannot be included in a prenup. For example, you cannot include provisions that would encourage divorce or anything that would be illegal.

Some common topics covered in prenuptial agreements include:

  • Property division: How will your property and assets be divided if you get divorced?
  • Spousal support: Will one of you be responsible for paying spousal support? If so, how much and for how long?
  • Debt: Who will be responsible for paying any debts you have now or acquired during the marriage?
  • Business interests: If you own a business, you may want to protect your business interests in case of divorce.
  • Children: If you have children from a previous relationship, you may want to include provisions regarding child custody and support.

What Can’t Be Included In A Prenuptial Agreement In Arizona?

A prenuptial agreement is a contract entered into by two people before they marry. The purpose of the agreement is to set forth each person’s rights and obligations during the marriage, and in the event of a divorce. A prenuptial agreement can address many different issues, including property division, spousal support, and debt liability.

In Arizona, there are some things that cannot be included in a prenuptial agreement. For example, child custody and child support arrangements cannot be made in a prenuptial agreement. These matters must be decided by a court after considering the best interests of the children involved. Additionally, any provision that would encourage one spouse to divorce the other or that would penalize a

There are some things that cannot be included in a prenuptial agreement in Arizona. For example, you cannot include provisions that would encourage divorce or anything that would be considered illegal. Additionally, any agreement that is unfair or unconscionable at the time of enforcement is likely to be invalidated by a court.

If you’re thinking about creating a prenuptial agreement, it’s important to understand what can and cannot be included. This will help ensure that your agreement is valid and enforceable.

What Are The Benefits Of A Prenuptial Agreement?

There are many benefits to having a prenuptial agreement in place. For one, it can help keep your finances separate in the event of a divorce. This can make things much easier if you decide to divorce later down the road.

Additionally, a prenuptial agreement can protect your assets in the event of your death. This can be especially important if you have children from a previous marriage that you want to make sure are taken care of financially.

Finally, a prenuptial agreement can help reduce conflict in the event of a divorce. If you and your spouse know exactly what is supposed to happen with your assets, it can take a lot of the guesswork and stress out of the equation.

If you’re considering a prenuptial agreement, give us a call. We can walk you through the process and answer any questions you have. And remember, if you already have a prenup in place, it’s important to review it with an attorney every few years to make sure it still meets your needs.

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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!


The materials available on this website are for informational and entertainment purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem.  You should not act or refrain from acting on the basis of any content included in this site without seeking legal or other professional advice. The information presented on this website may not reflect the most current legal developments.  No action should be taken in reliance on the information contained on this website and we disclaim all liability in respect to actions taken or not taken based on any or all of the contents of this site to the fullest extent permitted by law.


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