Prenuptial & Postnuptial Agreements in Phoenix, Arizona
Planning a wedding is an exciting time, but it is also the right time to talk about your financial future. While no one enters a marriage expecting it to end, having a clear plan for your assets can provide immense peace of mind. At Sullivan Shick, we help couples in Phoenix create fair and legally sound prenuptial and postnuptial agreements.
These agreements are not just about divorce. They are about communication, transparency, and protecting what matters most to you. Whether you want to secure a family business, protect an inheritance, or simply clarify financial expectations, we are here to guide you through the process under Arizona law.
What Is a Prenuptial Agreement?
A Prenuptial Agreement (often called a “prenup”) is a written contract entered into by two people before they get married. This document outlines how money, property, and debts will be handled during the marriage and in the event of a divorce or death.
Without a prenup, Arizona law determines how your assets are divided. Arizona is a community property state. This generally means that most assets and debts acquired during the marriage are considered Marital Property and are owned equally by both spouses. A prenup allows you to override these default state laws and create a plan that fits your specific situation.
What Is a Postnuptial Agreement?
A Postnuptial Agreement is very similar to a prenup, but it is signed after the couple is already married. Couples often choose to create a postnup if they didn’t get around to signing a prenup before the wedding, or if their financial situation changes significantly during the marriage.
For example, if one spouse starts a new business or receives a large inheritance years into the marriage, a postnuptial agreement can help define those assets as Separate Property rather than community property.
Key Differences Between Prenups and Postnups
While both documents serve similar purposes, there are a few key distinctions regarding timing and legal scrutiny:
- Timing: The most obvious difference is that a prenup is signed before the marriage license is effective, while a postnup is signed at any point during the marriage.
- Legal Standards: Because married couples have a “fiduciary duty” (a legal obligation) to look out for each other, courts may scrutinize postnuptial agreements more closely to ensure there was no coercion or unfair advantage taken by one spouse.
Requirements for Validity in Arizona (UPAA)
For a marital agreement to be enforceable in court, it must follow specific rules. Arizona follows the Arizona Uniform Premarital Agreement Act (UPAA). According to Arizona Revised Statutes Title 25 Section 25-202, the following requirements must be met:
Voluntary Execution:
Not Unconscionable:
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Benefits and Protections Provided
Many people think prenups are only for the ultra-wealthy, but they provide benefits for couples of all income levels. Here is how these agreements can protect you:
Clarifying Financial Rights
Protecting Separate Property
Family Business Protection
Inheritance Rights
Common Scenarios for Phoenix Couples
We often recommend considering a prenuptial or postnuptial agreement in the following scenarios:
- Second Marriages: If you have been married before, you likely have assets or children you want to protect.
- Business Owners: Entrepreneurs need to separate personal marriage issues from professional business operations.
- Debt Protection: If one partner has significant student loans or credit card debt, an agreement can protect the other spouse from being liable for that debt.
- Large Income Disparity: If one partner earns significantly more, an agreement can pre-determine Spousal Support (alimony) terms or waive them entirely.
The Process of Drafting and Signing
Creating a valid agreement involves more than just downloading a template. To ensure your agreement stands up in an Arizona court, we follow a thorough process:
2. Drafting:
4. Review by Separate Counsel:
Frequently Asked Questions
Under the Arizona UPAA, a prenup must be in writing, signed voluntarily by both parties, and include a fair disclosure of assets. It cannot be unconscionable (extremely unfair) at the time it was signed.
The main difference is timing. A prenup is signed before the marriage, while a postnup is signed after the couple is already legally married.
The cost varies depending on the complexity of your assets and how much negotiation is required. We provide transparent pricing during our initial consultation so you know what to expect.
It is best to start the process at least 2 to 3 months before the wedding. This allows time for drafting, financial disclosure, and review without the pressure of the approaching wedding date.
While not strictly required by law, it is strongly recommended. If one party does not have a lawyer, a judge is more likely to question if that person truly understood the rights they were giving up.
Yes. Family Business Protection and preserving Inheritance Rights are two of the most common reasons people create these agreements. You can designate these as separate property.
If a court finds the agreement was unconscionable when signed, or if you were not provided a fair disclosure of finances, the judge may declare the agreement invalid and unenforceable.
You should consider a postnup if you didn't sign a prenup but wanted to, if you have separated and reconciled, or if there has been a major change in financial status (like a new business or inheritance).
While the statute requires the agreement to be in writing and signed, having the signatures acknowledged by a notary public is standard practice to verify the identity of the signers and prove voluntary execution.
You must disclose all significant assets (real estate, bank accounts, investments), debts (loans, credit cards), and income sources. Hiding assets is a primary reason prenups get thrown out in court.
Secure Your Financial Future Today
Discussing a prenuptial or postnuptial agreement doesn’t mean you are planning for a breakup. It means you are planning for a secure future built on honesty. At Sullivan Shick, we help Phoenix couples navigate these sensitive conversations with care and legal expertise.
If you are planning to get married or need to update your financial agreements, contact us today to schedule a consultation. Let us help you protect what you have built.
CONTACT US
(480) 284-2644
(623) 915-0944