Are Prenuptial Agreements Enforceable in Arizona
DUE TO COVID-19 AND OUR NEED TO ENSURE THE HEALTH OF OUR CLIENTS, ALL INITIAL CLIENT CONSULTATIONS WILL BE CONDUCTED BY PHONE. YOU MAY CALL US AT (480)305-8300 TO SCHEDULE A TELEPHONE CALL WITH ONE OF OUR EXPERIENCED FAMILY LAW ATTORNEYS.
If you are wondering are prenuptial agreements valid in Arizona, you have come to the right place. Arizona divorce laws favor prenuptial agreements.
Arizona adopted the Uniform Premarital Agreement Act, which makes premarital agreements legal in Arizona. Prior decisions from the Arizona Court of Appeals held people are free to characterize what would otherwise be community property into the separate property of one of the spouses by entering into a valid Premarital Agreement.
However, written premarital agreements entered into before marriage are treated differently than post-nuptial agreements entered after the parties become married.
A Premarital Agreement will be enforced as long as both parties had full prior disclosure of the financial condition of the other party or such disclosure of that information was expressly waived in the written agreement, both parties voluntarily entered into the agreement, and the court does not find the agreement to be unconscionable.
A Post-Nuptial Agreement, however, is only enforceable if the court finds it to be fair and equitable; thereby making them significantly more prone to attack.
For more information on the factors a trial court is required to consider when determining whether to enforce a premarital agreement, please read our synopsis of the Arizona Court of Appeals’ decision in the case of Pownall v. Pownall.
The Arizona Court of Appeals in the case of Schlaefer v Financial Management Service, Inc. addressed the issue of whether a premarital agreement was binding upon creditors.
The conclusion from the court of appeals, in that case, was that the premarital agreement, in that case, was binding on the creditors, which prevented wife’s creditors from going after the husband’s assets for a debt wife did not pay.
Steps to Make a Prenuptial Agreement Valid in Arizona
It is always good practice to record a Notice of Entry of Premarital Agreement with the county recorders office. This Notice does not state the terms of the premarital agreement and is intended only to provide official public notice to all creditors of the existence of possible changes to community property holdings and liabilities of the spouses before granting either spouse credit.
The Arizona Court of appeals, however, in the case of Industrial Commission of Arizona v. Wright held that a post-nuptial agreement entered into during the marriage is not binding on the creditor in that case.
The reasoning of the court was that the spouses, in that case, were found by the court to have entered into the postnuptial agreement for the purpose of defrauding a creditor; which the court would not allow.
You should also know that while the existence of a valid prenuptial agreement will simplify the Arizona divorce process, the existence of a postnuptial agreement will not if the agreement is contested.
Should You Get a Prenuptial Agreement in Arizona
There are many pros and cons to obtaining a prenuptial agreement in Arizona before you mary. The pros include the fact that a properly drafted prenuptial agreement will almost eliminate any litigation between the parties in the event of a divorce or legal separation.
Another benefit of a prenuptial agreement is that each spouse can clearly define how their accumulation of assets and debts will be handled in the future leading to more certainty going into the marriage.
The cons are many. First, some people find it difficult to raise the issue of entering into a prenuptial agreement after the parties are already engaged. We would encourage couples contemplating an engagement to bring up the topic of a prenuptial agreement well prior to becoming engaged to be married.
Doing so will leave the joys of a wedding proposal unscathed by a subsequent discussion of entering into a prenuptial agreement in Arizona.
Another con to prenuptial agreements in Arizona is that neither party can clearly foresee the future and what it may be to one or both spouses. For example, if a spouse were later disabled and unable to support himself or herself, they would not otherwise receive alimony if the prenuptial agreement forbids the award of alimony in the event of a divorce or, at a minimum, may limit what that spouse may receive in alimony.
Another related problem occurs when one or both spouses create an estate plan. It can create confusion (and litigation) if the estate plan of one or both of the spouses leaves assets to the other spouse in the event of his or her death. Some poorly written estate plans can actually be construed by the court as a postnuptial agreement that modified the prenuptial agreement. It is therefore important to get it right when you draft your estate plan.
If you have questions about if prenuptial agreements are valid in Arizona, you should seriously consider contacting the attorneys at Hildebrand Law, PC. Our Arizona divorce and family law attorneys have over 100 years of combined experience successfully representing clients in divorce and family law cases.
Our family law firm has earned numerous awards such as US News and World Reports Best Arizona Family Law Firm, US News and World Report Best Divorce Attorneys, “Best of the Valley” by Arizona Foothills readers, and “Best Arizona Divorce Law Firms” by North Scottsdale Magazine.
Call us today at (480)305-8300 or reach out to us through our appointment scheduling form to schedule your personalized consultation and turn your divorce or family law case around today.
Arizona Family Law Attorneys in Scottsdale and Tucson Arizona
More Articles About Divorce in Arizona
- The advantage of Filing Divorce First in Arizona
- Arizona Divorce
- Arizona Divorce Attorney Reviews
- Arizona Divorce Child Custody
- Arizona Divorce Debt
- Arizona Divorce Forms
- Arizona Divorce Laws
- Arizona Divorce Laws Alimony
- Arizona Divorce Laws and Statutes
- Arizona Divorce Laws on Adultery
- Arizona Divorce Papers
- Arizona Divorce Practice
- Arizona Divorce Process
- Arizona Divorce Records Search
- Arizona Marriage Laws
- Asset and Property Search in an Arizona Divorce
- Arizona Divorce When You Can’t Find Your Spouse
- Change to Maiden Name After Divorce in Arizona
- Changing Orders in an Arizona Divorce Decree
- Children and Divorce in Arizona
- College Expenses After Divorce in Arizona
- Complex Divorce Cases in Arizona
- Conciliation Court Services in Arizona
- Consent Required for Marriage of Minors in Arizona
- Considering the Children during a Divorce in Arizona
- Convert to a Covenant Marriage in Arizona
- Coping With Divorce in Arizona
- Court Services to Save a Marriage in Arizona
- Custody of the Family Pet in a Divorce in Arizona
- Dissolution of Marriage in Arizona
- Divorce After Legal Separation in Arizona
- Divorce and Children in Arizona
- Divorce Arizona
- Divorce Case is on the Inactive Calendar in Arizona
- Divorce Court Jurisdiction in Arizona
- Divorce in Arizona Without Children
- Divorce Procedures in Arizona
- Divorce Records in Arizona
- Divorce Statistics in Arizona
- Divorce Support Groups in Arizona
- Domestic Violence and Divorce in Arizona
- Effect of Adultery on an Arizona Divorce
- Effects of Divorce on Children in Arizona
- Enforceable Arizona Prenuptial Agreements
- Failure to Include an Issue in an Arizona Divorce
- Filing for Divorce in Arizona
- Filing for Divorce to Receive Alimony in Arizona
- Guide to Divorce for Men in Arizona
- High Asset Divorce in Arizona
- High Conflict Divorce in Arizona
- High Net Worth Divorce Arizona
- How is a Divorce Finalized in Arizona
- How Long Does a Contested Divorce Take in Arizona
- How Long Does it Take to Get a Divorce in Arizona
- How Long Does it Take to Get Divorced in Arizona
- How Long Does Uncontested Divorce Take in Arizona
- How Long To Be Separated Before Divorce in Arizona
- How long to get Temporary Orders in Arizona
- How Much Does it Cost to Get a Divorce in Arizona
- How to Appeal a Divorce Decree in Arizona
- How To Find Good Divorce Attorney in Arizona
- How to Start a Divorce in Arizona
- Learn About Uncontested Divorce in Arizona
- Legally Separated File Divorce in Arizona
- Marital Settlement Agreement in Arizona
- The merger of the Settlement Agreement in Arizona
- Military Divorce Laws in Arizona
- Misled Into Signing Divorce Settlement in Arizona
- Modifying a Divorce Decree in Arizona
- No Contest Divorce in Arizona
- No-Fault Divorce in Arizona
- Order to Pay Spouses Attorney Fees in Arizona
- Parenting Class During a Divorce in Arizona
- Petition for Dissolution of Marriage in Arizona
- Protect Children in a Divorce in Arizona
- Quick Divorce in Arizona
- Reasons for Divorce in Arizona
- Reasons to File for Divorce in Arizona
- Represent Yourself in Arizona Divorce Case
- Same-Sex Divorce in Arizona
- Sealing Court Records in an Arizona Divorce
- Sell Home During Divorce in Arizona
- Selling Property During a Divorce in Arizona
- Served With Divorce Papers in Arizona
- Serving Divorce Papers by Publication in Arizona
- Should I Keep the House in a Divorce in Arizona
- Social Media Evidence in Divorce in Arizona
- Stop an Arizona Divorce
- Stop an Arizona Divorce if You Change Your Mind
- What Happens at a Resolution Management Conference in Arizona
- What Happens If the Divorce Case Goes to Trial in Arizona
- What Happens Temporary Orders Hearing in Arizona
- What is a Covenant Marriage in Arizona
- What is a Default Divorce in Arizona
- What is a Family Law Master in an Arizona Divorce Case
- What is a Preliminary Injunction in an Arizona Divorce
- What is a Temporary Orders Hearing in Arizona
- What is the Divorce Process in Arizona
- What Reasons Do I Need to Obtain a Divorce in a Covenant Marriage in Arizona
- What to do When Served with Divorce Papers in Arizona
- When Can I File For Divorce in Arizona
Chris Hildebrand wrote the information on this page about the validity of prenuptial agreements to ensure everyone has access to information about prenuptial agreement laws in Arizona. Chris is a divorce attorney at Hildebrand Law, PC. He has over 24 years of Arizona family law experience and has received multiple awards, including US News and World Report “Top Arizona Divorce Attorneys”, Phoenix Magazine “Top Divorce Law Firms”, and Arizona Foothills Magazine “Best of the Valley” award. He believes the policies and procedures he uses to get his clients through a divorce should all be guided by the principles of honesty, integrity, and actually caring about what his clients are going through in a divorce.