A Prenuptial Agreement (also known as a Premarital Agreement) is a written agreement between prospective spouses made in contemplation of a marriage that is effective only upon the marriage. Arizona law honors and will enforce a valid Premarital Agreement. A Premarital Agreement defines the rights and obligations of each party to any property they may have acquired prior to or will acquire during the marriage.
A Premarital Agreement can dispose of property in accordance with the agreement regardless of how the property would have otherwise been divided by the courts pursuant to the community property laws of the State of Arizona. A Premarital Agreement can also eliminate spousal support in the event of a divorce.
It is vitally important that both parties to a Prenuptial Agreement have attorneys in order to best assure that it will be valid if contested upon death or divorce.
This is a very complex area of law and a divorce attorney should be consulted if you are contemplating entering into a Prenuptial Agreement.