Before You Start
This checklist helps Arizona couples prepare for a prenuptial agreement discussion and identify the financial disclosures and topics that should be addressed before signing.
Arizona Law Notes
A marital pre-nuptial agreement determines who gets what if they divorce and it does not follow Arizona community property law. If drafted properly, it protects both parties from financial uncertainty and gives each person peace of mind. Arizona law defines a premarital agreement as an agreement between prospective spouses made in contemplation of marriage and effective upon marriage. A premarital agreement must be in writing and signed by both parties. Arizona law also provides that parties may contract about property rights, management and disposition of property, spousal support, wills or trusts to carry out the agreement, life insurance death benefits, choice of law, and other matters not prohibited by public policy or criminal law. Children's decisions cannot be part of a prenuptial agreement. Both parties should have reasonable time between the signing and the wedding and each should know they can seek the advice of counsel.
Interactive Checklist
Work Through the Steps
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1. Timing and Process
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2. Financial Disclosure
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3. Property Rights
0 of 7 complete
4. Debt Protection
0 of 8 complete
5. Business and Professional Interests
0 of 7 complete
6. Spousal Support
0 of 6 complete
7. Estate Planning Coordination
0 of 7 complete
8. Before Signing
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FAQs
Common Questions
Are prenuptial agreements enforceable in Arizona?
Yes, if they meet Arizona legal requirements. Issues such as voluntariness, disclosure, unconscionability, short time frame between signing and wedding, no attorney review and prohibited terms can affect enforceability.
Can a prenup decide child support?
No. A child's right to support may not addressed in a premarital agreement. Neither can parenting time or legal decision making.
Do both people need lawyers?
Yes, if one side has an attorney, the other partner should also have legal advice. It is not a requirement but it is a factor that might break a pre-nup agreement. Arizona law does not require separate lawyers, but independent legal advice can help reduce misunderstandings and enforceability challenges.
When should we start the prenup process?
As early as possible before the wedding. Last-minute pressure can create problems and unnecessary stress. It is also a factor to challenge the pre-nup.
Talk With Best Law Firm
Ready to Discuss Your Situation?
A prenup should protect both people and be built on clear disclosure. Our Arizona family law team can draft, review, or negotiate a prenuptial agreement that fits your goals.
This checklist is for general educational purposes only and is not legal advice. Arizona family law can be fact-specific, and court procedures may vary by county. If you are preparing to file, respond, negotiate, mediate, or appear in court, speak with an Arizona family law attorney about your situation.