Written by attorney Jeff Adrian Biddle

Prenuptial or Premarital Agreements In Arizona

The reason to have a prenuptial or premarital agreement is to determine in advance how things will be resolved in the event of a divorce. Under most circumstances, judges enforce validly executed prenuptial agreements. In Arizona, anything you had before marriage is your sole and separate property but you should identify this property in the prenuptial agreement and ensure that the agreement states that the property remains your sole and separate property regardless of how it is titled. The only thing that is typically divided in Arizona divorces is property acquired after marriage. Keep in mind also that most couples move around, so you may not be living in Arizona or another community property state when and if you divorce. With respect to alimony, the case law is a little less clear, but, if a prenuptial agreement contains a provision in which both parties waive alimony, this provision will generally be enforced.

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