[Video Graphic] Arizona Prenuptial/Postmarital Agreement

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What is a prenuptial/premarital agreement?

A premarital or prenuptial agreement is an agreement entered into by a couple prior to their marriage which identifies and establishes which property is owned by which spouse. The agreement also sets forth how that property will be distributed in the event of a divorce. Such agreements might also include provisions regarding spousal maintenance, or alimony. It is important for people to understand that a prenuptial agreement, or premarital agreement, cannot address such issues as legal decision making, parenting time and child support, as those things are prohibited to be addressed in a prenuptial agreement by Arizona law.

What is a postmarital agreement?

A postmarital agreement operates generally the same as a premarital or prenuptial agreement. However, these agreements are entered into after marriage and require some sort of consideration or something of value. Consideration is required in order for a postnuptial agreement to be valid and enforceable in the state of Arizona.

How does the process work?

An Arizona attorney can work with you in the process of drafting, negotiating, finalizing and executing your premarital or postnuptial agreement. It is strongly recommended that both parties have competent and qualified representation in this process in order to ensure that the agreement will be upheld in the event of a divorce. Your Arizona attorney can help you identify your assets and debts and can help guide you through this very difficult process.

How can the agreement be challenged?

No prenuptial/premarital agreement, or postnuptial/postmarital agreement, is ironclad. These agreements must be executed voluntarily and free of duress. Secondly, in order for these agreements to be upheld, there must be full disclosure, or both parties must voluntarily wave the right to have such full disclosure from the other party. An Arizona attorney can work with you to ensure that your agreements comply with Arizona law, that they will be found to be valid and enforceable upon divorce. Your lawyer can also walk you through some of the pitfalls and make sure that all of the issues are addressed in your particular situation.

By working with your legal representative, you can ensure that your interests will be represented during this process.