What Is a Prenuptial Agreement in Arizona?

A prenuptial agreement, often called a “prenup,” is a written contract entered into by two people before they get married. In Arizona, a prenuptial agreement allows couples to decide in advance how property, income, debts, and certain financial issues will be handled during the marriage and if the marriage ends by divorce or death.

Because Arizona is a community property state, understanding how a prenuptial agreement works is especially important.

ARIZONA IS A COMMUNITY PROPERTY STATE

Under Arizona law, most property and debt acquired during the marriage is presumed to be community property, meaning it belongs equally to both spouses. This applies regardless of whose name is on an account, title, or paycheck.

Without a prenuptial agreement, Arizona statutes control how property and debts are divided if the marriage ends. A prenuptial agreement allows couples to opt out of some of these default rules and create their own financial framework.

WHAT CAN A PRENUPTIAL AGREEMENT COVER?

In Arizona, a properly drafted prenuptial agreement may address:

• How property will be classified as separate or community
  • Protection of premarital assets
  • Treatment of income earned during the marriage
  • Responsibility for debts
  • Business ownership and appreciation
  • Spousal maintenance, within legal limits
  • Estate planning and inheritance intentions

WHAT A PRENUPTIAL AGREEMENT CANNOT COVER

Arizona law does not allow prenuptial agreements to determine child custody or child support. These issues must always be decided based on the child’s best interests at the time of separation or divorce.

WHY PEOPLE CHOOSE PRENUPTIAL AGREEMENTS

Prenuptial agreements are not only for the wealthy. Couples in Scottsdale, Paradise Valley, and throughout Arizona often use prenuptial agreements to:

• Protect a business or professional practice
  • Clarify financial expectations
  • Address second marriages or blended families
  • Protect children from prior relationships
  • Reduce uncertainty and conflict

LEGAL REQUIREMENTS FOR ENFORCEABILITY IN ARIZONA

For a prenuptial agreement to be enforceable in Arizona, it must:

• Be entered into voluntarily
  • Include full and fair financial disclosure
  • Not be unconscionable at the time it is signed
  • Be executed without fraud, coercion, or duress

Best practice is to finalize a prenuptial agreement at least one month before the wedding and for each spouse to have the opportunity to consult with independent legal counsel.

FINAL THOUGHTS

A prenuptial agreement is not about planning for divorce. It is about transparency, communication, and thoughtful planning.

Couples in Scottsdale, Paradise Valley, and across Arizona benefit from understanding their rights under community property laws and planning accordingly.