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.

Prenuptial agreements have an undeserved reputation. Prenups don’t condemn a marriage, they protect it. A prenup is no different than insurance. If something catastrophic happens, you’re covered. You have one, but never expect to need it. And if you do need it, you will be glad you have it. Prenuptial agreements can be customized to your specific needs. They can define how your financials, property, businesses, personal items, debts, and even spousal maintenance are handled in the event of a divorce. No fighting over who gets what. This protects your personal property, makes a divorce much more amicable, and can save couples tens of thousands of legal fees and months of stress. It can help couples move on quicker and keep the post-divorce relationship as peaceful as possible, which is especially important when the couple has children together or a blended family.