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WHAT IS A PRENUPTIAL AGREEMENT?
HOW DO I GET STARTED?
Because Arizona has adopted the Uniform Premarital Agreement Act, if you are getting married in Arizona, you can make an agreement before you marry. Without a prenuptial agreement, you automatically contract to have community property laws apply to your marriage in Arizona. If you lived outside of Arizona when you married, community property laws still apply. The only way to avoid the application of community property to your marriage in Arizona is to execute an agreement.
The premarital agreement, also called a prenuptial agreement, allows you and your spouse to agree that certain assets that would normally be treated as community property or community debt are now separate property or separate debt.
Frequently Asked Questions
What conditions does the prenuptial agreement or premarital agreement have to meet?
- Both spouses either had full disclosure of all financial assets prior to signing of the agreement or both spouses waived, in writing, the right to that disclosure.
- Both spouses entered the agreement voluntarily.
- The court, if one spouse challenges the agreement, will not believe that the agreement is unconscionable.
What if you want to apply custody terms to your premarital agreement?
What if we want to apply child support terms to our prenuptial agreement?
If you are already married and now you want a prenuptial agreement, is it too late to have this type of agreement apply to your marriage?
The only consideration that a court must make to determine if a postnuptial agreement is valid is whether the agreement is fair and equitable. Because of this fairly lenient standard of review, spouses are much more likely to challenge the postnuptial agreement if they believe they are not receiving a fair share of the marital assets.
How does the prenuptial agreement affect my liability to creditors?
What if I have a debt that I want to keep separate from creditors and I have a postnuptial agreement?
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Peaceful Family Law was founded in 2009 with a desire to ensure the institution of family was preserved in times of conflict. Jennifer Moshier was one of the first trained collaborative law attorneys in Arizona.
We want our clients to stay in control of their family court outcomes and be involved in making a peaceful transition in to the next chapters of their lives.