Many couples overlook the importance of preparing for potential difficulties in their marriage. A valid prenuptial agreement can help plan for all possibilities that lie ahead. Learn all you need to know about prenups in Arizona with LegalZoom.
Find out more about prenuptials
by Swara Ahluwalia
Swara has over six years of writing experience in the software, manufacturing, and small business segments. When she .
Updated on: July 28, 2024 · 14 min read
Getting a prenuptial agreement in Arizona before you get married is akin to taking out a financial insurance policy. It’s also a way to tell your future spouse, “Things might change, but I’ll still take care of you in case our marriage ends.”
Understanding what a prenup is, its legal standing, and who it’s for are the first steps in protecting your assets and future.
This article explains everything you need to know about getting a valid Arizona prenuptial agreement. We outline the steps required to get an agreement, explain the importance of legal representation, and highlight common drafting errors you should avoid.
Arizona has adopted the Uniform Premarital Agreement Act (UPAA), which makes premarital agreements legal in the state. The prenuptial agreement must adhere to state laws to be valid and enforceable.
A prenuptial agreement or premarital agreement is a legally binding contract entered by two soon to be newlyweds. The legal document outlines a person’s financial rights and roles during the marriage. It also describes how responsibilities and other significant assets will be divided if the marriage dissolves.
Every prenuptial agreement is unique as it’s tailored to suit your and your future spouse's needs and circumstances. However, it’s essential to understand the legal requirements of a prenup in AZ.
Arizona law allows the following provisions to be addressed by a premarital agreement:
Arizona state law restricts what content can be written into a prenup. Avoid including the following clauses in your prenuptial agreement:
There is no simple answer to this question, as getting a prenup is a personal decision. But contrary to popular belief, prenuptial agreements aren’t only for the rich and famous. Neither should they cause any tension or drama between prospective spouses. Prenups are a practical tool that benefits married couples from all walks of life.
Here are a few scenarios where drafting a prenuptial agreement in Arizona is advantageous:
To get a valid Arizona prenuptial agreement, the legal document must meet the following requirements:
Follow these seven steps to get a legally enforceable and valid Arizona prenuptial agreement.
You and your future spouse bring different priorities, assets, and interests into the marriage. Therefore, it’s best to have independent legal representation. A separate lawyer will prioritize your marital rights, interests, and financial obligations during the negotiation process.
Also, per Arizona state law, one legal team or firm cannot represent both parties. Find an experienced family law attorney to help you through this exercise.
Financial transparency is the foundation of any prenuptial agreement. It’s more than just being honest about your financial obligations; it’s about building a solid base for your future marriage.
Arizona laws require fair and reasonable disclosure of all assets and debts. To do this:
Discuss and negotiate all the terms you wish your Arizona premarital agreement to protect. Some topics to include in this conversation are spousal maintenance, management of daily expenses, household duties, who will work, who will raise children, how big-ticket items will be purchased, and how any property and incurred debt will be divided between the two of you.
Spousal support or alimony is a crucial point of many divorces. Discussing these terms in advance via a prenuptial agreement can set the right expectations between partners and ensure fairness in financial arrangements. Objective standards like the length of the marriage and the actual income of both parties are used to calculate the spousal support amount.
The U.S. has nine community property states, and Arizona is one of them. This means that any assets acquired by either of the partners or through joint funds during the marriage are considered community or marital property. Any existing property owned by a party before the wedding is separate property and remains with the original owner.
Arizona’s community property laws apply to real estate, land, artwork, earnings, retirement savings, joint bank accounts, business interests, and debts. All of the above will be divided amongst both parties in case the marriage ends.
So, if you wish to keep full ownership of certain existing assets, it’s best to list them as separate properties in the prenuptial agreement. Be as open and transparent about your needs and requirements.
One point to emphasize here is around businesses or lucrative professional practices owned by either spouse. If one party wants to retain control of their family business or professional practices, like their clinic, the prenuptial agreement allows you to designate it as a separate property. This will limit the other party’s ability to claim ownership over any professional or business interests.
An experienced family law attorney can increase your understanding of community property laws and help you hold onto valuable personal property. They can also make alternative legal arrangements to points of contention.
Yes, you can write your own prenup in the Grand Canyon State. However, as we mentioned earlier, the Arizona prenup law stipulates what can and can’t be included in the contract. If there are any drafting errors or illegal clauses in your written agreement, a judge can invalidate it.
Therefore, we recommend working with a licensed state attorney with family law experience. They will ensure that the document follows the correct state requirements.
The document should be fair to both parties. Any Arizona prenuptial agreement that is grossly unfair or puts one party at a significant disadvantage will not hold up in court. Getting your own independent legal counsel to review the agreement is one way to ensure fairness.
The prenuptial agreement needs to be signed before you officially exchange vows through a religious or civil ceremony. The signing must also occur in front of two witnesses who aren’t related to you or your future spouse. A notary public must then sign the document. Once both parties have signed the agreement voluntarily, it becomes legally binding.
Yes, prenups can be modified as often as required before signing. Once the agreement is signed and notarized, it is a legally binding document. If you try to change terms after the prenup is signed, courts can see it as a breach of contract.
However, many times, couples need to modify a signed agreement. Some scenarios that require modification are:
You can include a clause in your original prenuptial agreement allowing amendments and modifications to make room for changing needs and requirements.
Creating a new contract is the only way to alter any signed and valid Arizona prenuptial agreement after marriage. This is typically known as a postnuptial or post-marital agreement. Postnuptial agreements need to specify that they override the original legal document.
To draft a postnuptial agreement, both parties should again engage independent legal counsel. The new agreement needs to be in writing and signed voluntarily to be legally valid.
Modifying a prenup is not straightforward, but that doesn’t mean it’s impossible. Consulting an experienced lawyer can get you the necessary guidance for this process.
Creating a prenup agreement might appear simple, but any mistake made during the drafting and signing process can invalidate the agreement. Here are some common pitfalls to avoid:
Here are some of the most common questions about prenups in AZ, answered.
A prenup can cost anywhere between $100 to $10,000. Yes, that’s a wide range. This difference is there because the actual cost depends on several factors, such as attorney fees, location, and complexity of the terms.
The average fee charged by a family law attorney in Arizona is $258 per hour. More experienced lawyers charge between $300-$400 per hour. There is also no fixed guarantee of how long it will take to draft a prenuptial agreement. This can get expensive pretty quickly.
If you are keen on a prenup and need to consult an affordable attorney, use one of LegalZoom’s legal plans. The plan provides you with access to a network of qualified attorneys for a flat monthly rate.
Yes, you can. But this is probably not the wisest decision.
Language and wording matter significantly in prenuptial agreements. The court or other party can challenge the agreement if there are any mistakes such as including child custody terms or not being upfront about finances.
Also, forgetting to address crucial issues could impact your financial standing during the divorce. For example, without a prenup, the courts will manage the division of assets and debts. You could lose ownership over valuable property.
If hiring an attorney from an established law firm stretches your budget, you can utilize LegalZoom’s three-step process to get a prenuptial agreement.
Prenuptial agreements are legally enforceable in Arizona. So, if a married couple decides to call it quits and they've signed a premarital agreement, the court will honor that agreement.
Arizona has no time limit on how long a prenuptial agreement can last. However, many couples do opt to include a sunset clause.
A sunset clause sets an end date for the agreement. Examples of sunset clauses are:
Please be aware that incorrectly worded sunset clauses can render a prenup invalid. So, working with an experienced family law attorney is highly advisable. Discuss the benefits of including a sunset clause in your agreement.
If you are considering a prenuptial agreement in Arizona, rest assured that it is a wise and smart move. The agreement provides financial transparency and protects your assets in the event of a divorce or legal separation. It also helps you have honest conversations about your roles and responsibilities in the marriage.
Remember, your Arizona prenuptial agreement must meet the state’s rules to be enforceable.
There is also no room for error while drafting this legally binding document. You and your future spouse could be in deep financial trouble with one wrong move.
LegalZoom’s network of attorneys can explain the benefits of a prenup that will help you weigh your options. They can even draft a sound prenuptial agreement on your behalf.
Let us know when you are ready to take the first step towards protecting your marital future. We’ll get you started on the right foot.
Find out more about prenuptialsThis article is for informational purposes. This content is not legal advice, it is the expression of the author and has not been evaluated by LegalZoom for accuracy or changes in the law.
You may also like
Writing a will is one of the most important things you can do for yourself and for your loved ones, and it can be done in just minutes. Are you ready to get started?
July 21, 2024 · 11min read
Remote online notarizations have become an important legal tool during the coronavirus pandemic. Twenty-three states have already authorized its use. Find out if your state is one of them.
February 21, 2023 · 3min read
A power of attorney can give trusted individuals the power to make decisions on your behalf—but only in certain situations.
August 29, 2024 · 20min read
