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Prenuptial Agreement

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Affordable Family Law, Inc. > Prenuptial Agreement

Arizona Prenuptial Agreement (Prenup)

  • Prenuptial Agreement
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    • Drafted to UPAA Guidelines;
    • Arizona is a UPAA State;
    • Drafted within 5 days.
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What’s a Prenup?


Couple Signing Prenuptial Agreement, also known as a prenup.

A prenuptial agreement, also known as a premarital agreement, is a contract entered into by two people prior to their marriage.


The agreement outlines how the couple’s property and assets will be divided in the event of a divorce, as well as other issues such as spousal support and the distribution of debts.


Why Do Couples Get a Prenuptial Agreement?


The most common reason for a Prenuptial Agreement is to list assets. For example, someone may want to document that they had a certain amount of money in an investment account, before they married their spouse. Meaning, they don’t want the investment account to be “up for grabs” in the case of a divorce.


Other times, people want to document specific debt in their prenup. For example, Party B acknowledges that they have $25,000 in student loans which is their own separate responsibility.


A Prenuptial Agreement can be also be used for special clauses. A common special clause is that both parties agree that no alimony (spousal maintenance) shall be paid.


The State of Arizona has chosen to adopt the Uniform Premarital Agreement Act (UPAA). UPAA is statute created for the purpose of standardizing the requirements of prenuptial agreements between states.


As such, the agreement we draft will be worded based on the notion subscribed to by the UPAA that prenuptial agreements should be “entered into voluntarily and fairly upon the exchange of disclosure between the Parties.”


How Much Does a Prenuptial Agreement Cost?


The cost of a prenuptial agreement can vary widely depending on a variety of factors, such as the complexity of the agreement and the attorney’s hourly rate.


On average, a prenuptial agreement in Arizona can cost anywhere from a few hundred to several thousand dollars. It is important to work with an experienced legal professional. They will ensure that the prenuptial agreement is legally sound and meets the requirements for enforceability in Arizona.


Affordable Family Law offers prenups for $995 that are prepared by a legal professional with decades of experience.


Who Needs a Prenuptial Agreement?


There’s a big misconception that prenups are only for the very wealthy. However, many clients seek a prenup to help them sort through and pretty much pre-plan what’s going to happen in the event of a divorce.


Many people wonder if they need to have significant assets or income to enter into a premarital agreement. The answer is a resounding “No!”


Prenuptial agreements are for individuals who want to have more control on how their assets and income are ultimately allocated in the event of a divorce.


Prenuptial Agreement Photo

We will often get individuals who are more established in their lives. They have assets that they want to protect. This has become common because many people are tending to get married later on in life.


Individuals that have significant assets and income to protect, certainly don’t want to leave it to the court system as to what happens in the event of a divorce. We often prepare a prenuptial agreement for individuals who have taken time to build their estates and to build themselves as professionals.


On the other hand, we also prepare for a fair number of individuals who own their own businesses.  For those clients, this is planning on how to preserve their business assets.


Of course, sometimes clients hire because they have been married before and they know how divorces can go. They want to preserve their assets, and they don’t want to have a court making decisions because perhaps they’ve had a negative experience in the past.

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Do Prenups Work in Arizona?


Yes, prenuptial agreements are legally enforceable in Arizona, provided they meet certain legal requirements.


A prenuptial agreement can help protect the assets and interests of both spouses in the event of a divorce.


Does a Prenuptial Agreement Need to be Notarized?


While notarization is not required for a prenuptial agreement to be valid in Arizona, it is recommended.


Notarization can help ensure that the agreement is legally binding. It can also provide additional evidence of the parties’ intent to enter into the agreement.


Do Prenups Hold Up in Court?


In general, prenuptial agreements that meet the legal requirements for enforceability are held up in court.


However, there are certain circumstances under which a prenuptial agreement may not be enforced. For example, if the agreement was entered into under duress or if one of the parties did not fully disclose their assets or debts, the agreement may be deemed invalid.


Additionally, a court may set aside certain provisions of a prenuptial agreement if they are deemed to be unfair or unconscionable.


What are the Requirements for a Valid Arizona Prenuptial Agreement?


To be valid and enforceable in Arizona, a prenuptial agreement must meet the following legal requirements:


– The agreement must be in writing and signed by both parties.

– The agreement must be entered into voluntarily and without coercion or duress.

– Both parties must fully disclose their assets and debts to each other prior to signing the agreement.

– The agreement must not be unconscionable, meaning that it cannot be grossly unfair or one-sided.

– The agreement must be entered into by both parties with a full understanding of its terms and effects.


Can You Get a Prenup After the Wedding?


While a prenuptial agreement is entered into before the marriage takes place, it is also possible to enter into a postnuptial agreement after the wedding.


A postnuptial agreement is similar to a prenuptial agreement. The big difference is it is entered into after the marriage has already taken place. Postnuptial agreements are also legally enforceable in Arizona, provided they meet the same legal requirements as prenuptial agreements.


How Many Details Do I Put In The Prenup?

We treat premarital agreements like marital settlement agreements.  We take them seriously and make sure they are detailed.


Prenuptial agreements can be as complicated or as simple as the clients would like them to be.


It’s not uncommon to prepare a “Prenup” with 30 pages, but we also prepare prenups with only one clause: Someone just wants to keep their house as separate property.


We think it’s really important for people to understand that we spend a lot of time on the documents. The amount of time that goes into drafting a marital settlement agreement in the Arizona divorce process, is identical to the time and attention needed when drafting a premarital agreement.

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Prenuptial Agreement (Prenup)
USD 995
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