Prenuptial Agreements

Arizona Premarital and Postmarital Agreements

There are many situations when a couple about to marry might consider a prenuptial agreement: one party has significant separate property, both parties are remarrying with substantial assets of their own, or one party or the other wants to make sure that separate property is recognized as such not only in the event of divorce, but also in case of death or incapacity. For more information about prenuptial agreements in Arizona, contact an experienced family law attorney at the Weingart Law Firm in Tempe.

A properly drafted prenuptial agreement can address the following considerations:

• Limits or waiver of spousal maintenance or alimony rights
• The character of particular assets or debts as community or separate property
• The bequest of separate property to a surviving spouse in lieu of a will
• Limits to a spouse's ability to claim community property rights in certain assets
• Mutual recognition of one spouse's substantial gift to another as taking the place of community property or spousal maintenance claims

Postnuptial agreements serve much the same purpose as premarital agreements and address many of the same considerations, but generally reflect the spouse's awareness that their assets have become significantly uneven, as when one spouse receives a substantial inheritance, or when one spouse's premarital separate property, such as vacant real estate, appreciates substantially in value during the marriage. In many cases, a postnuptial agreement can serve as an important tool for preserving the marriage.

Whether you're considering a prenuptial or postnuptial agreement, you should bear in mind that the contract must be carefully drafted and reflect full disclosure of assets and liabilities on behalf of both partners. The person proposing the agreement should give the other person an opportunity for a lawyer's independent review, generally at the expense of the proponent. Any failure to make a clear expression of the parties' intentions as to any particular asset or category of property could invalidate important provisions of the agreement when put to the test upon divorce or the death of either spouse.

People considering a prenuptial or postnuptial agreement should also recognize that the contract cannot waive or vary rights under Arizona law concerning child support, child custody, or parenting time access to the children.

At the Weingart law Firm, we have long experience with the negotiation, preparation, and review of premarital and postmarital agreements. We also have the practical ability to help you work through the process of balancing your own interests against the provisions of the contract. For more information and an initial consultation, contact one of our Arizona family law attorneys in Tempe.