An Arizona prenuptial agreement is a legal contract designed for couples intending to marry, outlining the distribution of assets and responsibilities in case of marital dissolution. Consent to the terms must be given voluntarily, without coercion or duress from either spouse. The agreement should be signed at least 30 days before the wedding, allowing each party a minimum of five days to consider the terms before signing.
The document’s primary purpose is to address various financial aspects, including property division, spousal support (alimony), and inheritance rights. However, certain issues such as child custody and child support cannot be predetermined in a prenup, as these matters are typically decided by the court based on the best interests of the child at the time of divorce.
Legal Considerations
Laws:
- ARS § 25-201 – Definitions
- ARS § 25-202 – Enforcement of premarital agreements; exception
- ARS § 25-203 – Scope of agreement
- ARS § 25-204 – Amendment or revocation of agreement
- ARS § 25-205 – Limitation of actions
Signing Requirements: Both parties are required to sign the document. It is advisable to have it notarized (§ 25-202).
Dividing Property: Community property (§ 25-211).
Enforceability Requirements
- Essential Terms for Validity: Must be in writing, terms must be lawful, and signed voluntarily by both parties at a reasonable amount of time before the wedding (typically one month).
- Full Disclosure: Parties must provide full disclosure of all their financial assets and income.
- Additional Requirements: To make sure that it fully complies with state law, make sure to avoid provisions that violate the law or public policy, unconscionable provisions, child custody or child support, or the modification or elimination of alimony when it could potentially shift the financial burden onto the state for the disadvantaged party.
Spousal Support
Arizona offers various forms of spousal support, including temporary, rehabilitative, and permanent maintenance. Qualifications for spousal maintenance include insufficient property, inability to secure employment, contribution to the other spouse’s education, or factors like long-term marriage and older age hindering employability.
Prenups can address or eliminate financial arrangements and potential spousal support obligations in the event of divorce or legal separation, aligning with the discussion of spousal maintenance types and qualifications.
