Prenuptial Agreements2020-05-05T15:21:39-07:00


Prenuptial Agreement

We understand that the very idea of a prenuptial agreement can be an extremely uncomfortable subject. But as experienced divorce attorneys, we have seen the chaos and financial calamity that could have been avoided with a well-crafted and fair prenuptial agreement.

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An effective prenuptial or postnuptial agreement can protect both parties from the outrageous expense, animosity, and glacially slow timeline of family court litigation.

A prenuptial agreement is a signed, written agreement entered into by soon-to-wed spouses before marriage that resolves many or all of the legal issues associated with eventual divorce or legal separation. Parties have tremendous freedom and control to determine how community property will be divided, eligibility for and the terms of spousal maintenance, and allocation of attorney’s fees.

Postnuptial agreements function like prenups but are entered into during the marriage. As we said before, we understand the prospect of divorce or legal separation can be a really uncomfortable subject for spouses, but an effective postnuptial agreement can protect both spouses from the significant costs of future divorce litigation and ensure that community funds are divided between the parties rather than paid to greedy divorce attorneys.

The validity and enforceability of prenuptial agreements can be challenged. A party may seek to be released from obligations under the prenup on the basis of fraud, coercion, duress, or unconscionability. The party contesting the validity of the agreement has the burden to prove why it should not be enforced.

Understanding how default Arizona law works during divorce or legal separation can help individuals realize how beneficial a prenuptial agreement really can be.

If you have questions about pre/post nuptial agreements or any other family law issue, contact us for a free consultation with an experienced attorney.


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