Prenuptial Agreements
Prenuptial Agreements
- A prenuptial agreement, commonly referred to as a "prenup," is a written contract entered into by prospective spouses before marriage that establishes how certain financial matters will be handled during the marriage and in the event of divorce, legal separation, or death. Prenuptial agreements can address a wide range of issues, including the characterization and division of property, allocation of debts, protection of business interests, treatment of future earnings, and potential spousal maintenance obligations. These agreements are particularly beneficial for individuals entering a marriage with significant assets, business interests, children from a prior relationship, anticipated inheritances, or concerns about protecting separate property.
- Arizona recognizes and enforces valid prenuptial agreements under the Arizona Uniform Premarital Agreement Act. To be enforceable, a prenuptial agreement generally must be entered into voluntarily, with full and fair disclosure of each party's financial circumstances, and without fraud, duress, coercion, or undue influence. While prenuptial agreements can provide clarity and reduce future disputes, they cannot determine issues of child custody, parenting time, or child support, as those matters must be decided based on the child's best interests at the time of the dispute. A carefully drafted prenuptial agreement can provide both parties with certainty, protect individual and family assets, and help avoid costly litigation should the marriage later end.
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