Couples in Scottsdale, Paradise Valley, and throughout Arizona often have similar questions about prenuptial and postnuptial agreements. Below are answers to some of the most common questions we hear from clients in a community property state.

WHAT IS A PRENUPTIAL AGREEMENT?

A prenuptial agreement is a written contract signed before marriage that defines how property, income, debts, and financial responsibilities will be handled during the marriage and if the marriage ends by divorce or death.

WHAT IS A POSTNUPTIAL AGREEMENT?

A postnuptial agreement is similar in purpose but is signed after the couple is already married. It can address financial issues that arise or change during the marriage.

WHAT IS THE DIFFERENCE BETWEEN A PRENUP AND A POSTNUP?

The primary difference is timing. A prenuptial agreement is signed before marriage, while a postnuptial agreement is signed after the marriage has already begun.

ARE PRENUPTIAL AGREEMENTS ENFORCEABLE IN ARIZONA?

Yes. Prenuptial agreements are enforceable in Arizona if they are entered voluntarily, based on full financial disclosure, and are not unconscionable at the time they are signed.

ARE POSTNUPTIAL AGREEMENTS ENFORCEABLE IN ARIZONA?

Yes, but postnuptial agreements are scrutinized more closely by Arizona courts because spouses owe fiduciary duties to one another once married.

DO BOTH SPOUSES NEED THEIR OWN ATTORNEY?

Arizona law does not strictly require each spouse to have their own attorney, but independent legal advice is strongly recommended. Agreements are far more likely to be enforced when each spouse has had the opportunity to consult with their own attorney.

HOW FAR IN ADVANCE SHOULD A PRENUPTIAL AGREEMENT BE SIGNED?

Best practice in Arizona is to finalize a prenuptial agreement at least one month before the wedding. Agreements signed too close to the wedding may be challenged as having been signed under pressure.

CAN A PRENUP OR POSTNUP ADDRESS SPOUSAL MAINTENANCE?

Yes. These agreements may address spousal maintenance, but Arizona courts may decline to enforce provisions that are unfair or leave one spouse unable to support themselves.

CAN A PRENUP OR POSTNUP ADDRESS CHILD CUSTODY OR CHILD SUPPORT?

No. Child custody and child support cannot be predetermined in a prenuptial or postnuptial agreement. These issues must always be decided based on the child’s best interests at the time of separation or divorce.

DO WE NEED A PRENUP OR POSTNUP IF WE ARE NOT WEALTHY?

No. These agreements are not only for the wealthy. They are commonly used by professionals, business owners, individuals with children from prior relationships, and couples who want clarity around finances.

WHAT HAPPENS IF WE DO NOT HAVE AN AGREEMENT?

If there is no prenuptial or postnuptial agreement, Arizona’s community property laws apply by default. A judge ultimately decides how property and debts are divided if the marriage ends.

FINAL THOUGHTS

Prenuptial and postnuptial agreements are not about planning for divorce. They are about transparency, communication, and thoughtful planning.

Couples in Scottsdale, Paradise Valley, and throughout Arizona benefit from understanding their options and planning ahead.

 

 

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