Prenuptial & Postnuptial Agreements in Arizona

A prenuptial or postnuptial agreement is one of the most caring, practical things a couple can do. Far from planning for failure, a good agreement is a plan for clarity — it says, in writing, how you and your partner want to handle money and property, so that if the unexpected happens, you have already made the hard decisions together, calmly and in advance.

A prenuptial agreement is signed before marriage. A postnuptial agreement is signed after. Both serve the same purpose: they let a couple decide in advance how certain assets, debts, and support would be handled in the event of divorce or death, rather than leaving those decisions to a court that does not know you. In Arizona, these agreements are generally honored as long as they meet certain legal requirements.

For an agreement to hold up, it usually needs to be in writing, signed voluntarily, and based on full and honest disclosure of each person's finances. Neither side can be pressured or tricked, and the terms cannot be so one-sided that they are "unconscionable." Independent legal advice for each spouse is strongly recommended — and often essential — so that both people understand what they are agreeing to.

These agreements are useful in many situations. If one partner brings significant assets, a business, or family wealth into the marriage, an agreement can keep those separate. If one partner is leaving a career to raise children, an agreement can protect them. If either partner has children from a prior relationship, an agreement can make sure inheritance plans are clear. And for any couple, an agreement can simply reduce uncertainty and disagreement down the road.

We draft and review these agreements with two goals: they must be legally sound, and they must be fair. An agreement that one spouse later challenges as unfair or hidden can cause more conflict than it prevents. We help you think through the real issues — the home, retirement, businesses, future earnings, support — and put them in clear, plain language both of you can stand behind.

If you are planning a marriage, or already married and thinking about putting things in writing, we are happy to talk it through with you.