Mesa Prenuptial & Postnuptial Agreements
Marriage is a romantic partnership, but it is also a financial one. While no one enters a marriage planning for it to end, having a clear plan for your assets and debts can actually strengthen your relationship. At Sullivan & Shick, we help couples in Mesa create fair, legally sound marital agreements that provide peace of mind.
Whether you are preparing to walk down the aisle or are already married, establishing clear financial ground rules protects both parties. Our experienced family law attorneys guide you through the process of drafting prenuptial agreements and postnuptial agreements that comply with Arizona law and respect your unique relationship.
What is a Prenuptial Agreement?
A prenuptial agreement (often called a “prenup” or premarital agreement) is a contract signed by a couple before they get married. It outlines exactly how money, property, and debts will be handled during the marriage and in the event of a divorce or death.
Many people think prenups are only for the wealthy, but that is a myth. A prenup is a smart tool for anyone who wants to clarify financial expectations. It allows you to decide what happens to your assets rather than leaving it up to a judge or state laws.
What is a Postnuptial Agreement?
A postnuptial agreement is very similar to a prenup, but it is signed after you are already married. Couples often choose 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.
Common reasons for a postnup include receiving a large inheritance, starting a new business, or reconciling after a period of marital strife. It helps update your financial understanding to reflect your current reality.
Arizona Community Property Laws
To understand why these agreements are important, you must understand Arizona law. Arizona is a community property state. Without an agreement in place, generally, any income earned or assets acquired during the marriage are considered owned 50/50 by both spouses. Likewise, debts incurred during the marriage are often the responsibility of the “community” (both of you).
If you divorce without a prenup or postnup, the court will divide these community assets and debts evenly. A valid marital agreement allows you to opt out of these community property rules and create a division of assets that you believe is fair.
What Can and Cannot Be Included
Marital agreements are powerful, but they cannot cover everything. Arizona law is specific about what is enforceable.
What You Can Include
- Asset Division: You can define which property remains separate and which becomes community property.
- Debt Responsibility: You can specify who is responsible for pre-marital debts or future credit card debt.
- Spousal Support/Alimony: You can agree on the amount and duration of spousal maintenance, or waive it entirely.
- Business Ownership: You can protect a business you owned before marriage from being divided.
- Inheritance Rights: You can ensure assets are preserved for children from a previous relationship.
What You Cannot Include
- Child Custody and Support: You cannot pre-determine custody arrangements or limit child support. The court always retains the right to make these decisions based on the “best interests of the child” at the time of divorce.
- Illegal Acts: Any clause requiring someone to break the law is void.
- Personal Requirements: Clauses regarding weight gain, in-law visits, or chore division are typically not enforceable in court.
Requirements for Enforceability in Arizona
Writing a prenup on a napkin won’t hold up in court. For an agreement to be valid under the Arizona Uniform Premarital Agreement Act (ARS 25-201), specific legal standards must be met.
If these requirements are ignored, a judge may throw out the entire agreement during a divorce. To ensure enforceability, we focus on:
- Written Contract: The agreement must be in writing and signed by both parties.
- Voluntary Consent: Both people must sign the agreement voluntarily. If one person was coerced, threatened, or forced to sign under duress (like being presented with the paper an hour before the wedding), it may be invalid.
- Full Financial Disclosure: Both parties must provide a complete and honest list of their assets and debts. Hiding money or property is a common reason agreements are overturned.
- Fairness: While the agreement doesn’t have to be perfectly 50/50, it cannot be “unconscionable” (grossly unfair) when it was signed.
Sullivan Shick
Why Hire a Mesa Family Law Attorney?
Creating a marital agreement is a legal process that requires precision. One common mistake couples make is trying to use online templates that don’t account for specific Arizona statutes. Another mistake is sharing one lawyer. To avoid conflicts of interest and ensure the agreement holds up in court, it is highly recommended that each spouse has their own attorney review the document.
At Sullivan & Shick, we ensure your agreement is drafted correctly the first time. We help you facilitate the difficult conversations about money so you can focus on your life together.
Frequently Asked Questions About Arizona Alimony
A prenuptial agreement is a legal contract signed by a couple before marriage. It outlines how assets, debts, and spousal support will be handled if the marriage ends in divorce or death.
To be enforceable, the agreement must be in writing, signed voluntarily by both parties, and include a full and fair disclosure of all assets and debts. It must not be unconscionable (extremely unfair) when executed.
Yes. You can amend or revoke a prenuptial agreement after you are married, as long as both parties agree to the changes in writing. This is often done through a postnuptial agreement.
The main difference is timing. A prenuptial agreement is signed before the marriage begins. A postnuptial agreement is created and signed after the couple is already married.
Yes. A prenup can establish the amount and duration of spousal support (alimony) or waive the right to receive it entirely. However, if waiving support would force a spouse to rely on public assistance, the court may modify that portion.
The timeline varies, but it typically takes a few weeks to draft, review, negotiate, and sign the document. It is best to start the process months before the wedding to avoid claims of coercion or duress.
While not strictly required by law, it is highly recommended. If only one party has a lawyer, a judge might later view the agreement as unfair or coercive. Separate counsel ensures both parties understand their rights.
If a judge determines that the agreement was "unconscionable" when it was signed, or if financial information was hidden, the court may declare the agreement invalid and refuse to enforce it.
Yes, postnuptial agreements are valid in Arizona, provided they meet the same standards of fairness, full disclosure, and voluntary signature required for prenuptial agreements.
The cost depends on the complexity of your assets and the negotiations required. A simple agreement is less expensive than one involving business interests or complex estates. We provide clear fee structures during your consultation.
Secure Your Financial Future Today
Discussing a prenuptial or postnuptial agreement doesn’t mean you expect your marriage to fail. It means you care enough about your partner to prevent future conflicts. Whether you need to draft a new agreement or review one you have been given, the team at Sullivan & Shick is here to help.
Contact us today to schedule a consultation with a Mesa family law attorney and protect your future with confidence.
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