Prenuptial Agreement

An agreement made between two people prior to the marriage that can determine how they will hold property during the marriage and determine how property will be divided and how spousal maintenance will be ordered in the event of a divorce. In other words, it allows spouses to opt out of Arizona’s community property laws, including the joint liability laws. If challenged at the time of the divorce, the burden is on the person challenging the prenuptial agreement. See A.R.S. § 25-202.