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Prenuptial Agreements in Arizona

What Does a Prenup Do?

Arizona is considered a community property state. If there is no prenuptial agreement, then property and debts that are acquired during the marriage fall into the community property bucket and are split equally in the event of a divorce. Having a prenup agreement in place can identify which assets belong to who going into a marriage so that if a divorce occurs in the future, then there will not be a dispute over the items mentioned in the prenup. Couples should look at prenups as a positive thing that will prevent future stresses, headaches and costly legal battles if the marriage ends in a divorce. 


Should You Consider a Prenuptial Agreement Before Marrying?

Most people question if they should consider a prenup agreement before they get married. A prenuptial agreement can provide a lot of benefits. A prenuptial agreement provides a proactive plan going into a couple’s marriage that outlines a course of action on the occurrence of almost anything. Prenups provide certainty when an important event takes place such as divorce or disability. If you fall into any of the following categories, you should consider getting a prenup:

  • If either party is expecting an inheritance.
  • If you or your future spouse have significant assets.
  • If one spouse is far wealthier than the other.
  • One spouse is already retired.
  • If one spouse is much older than the other.
  • If one spouse owns all or part of a business.


If you need advice or help with putting together a prenuptial agreement, then you should consult with an experienced family law attorney to make sure you have all your assets protected in your agreement. 

Tips For Planning a Prenuptial Agreement

The following are some tips that will help you plan your prenuptial agreement. We highly recommend you follow these steps so that you can make sure your agreement is effective and binding. 

  1. Plan your prenuptial agreement ahead of time: Make sure you plan your prenup ahead of time. You have to have your prenup in place before your marriage, so if you don’t give yourself enough time, you may have to work on a postnuptial agreement instead of a prenup which can bring its own challenges. 
  1. Hire an attorney: If you are taking the step to execute a prenuptial agreement, then you should consult and hire a family law attorney. These agreements are legal documents and if they are improperly drafted, then they can end up being unenforceable.
  1. Hire separate attorneys: You and your significant other will need to take the step of hiring different attorneys. There could be a potential conflict of interest if you use the same lawyer when agreeing to this legal document. 


How Can A Family Law Attorney Help?

Our legal team’s goal and responsibility is to gather all of the resources necessary to get you the best outcome possible for your family law case. Once you decide to retain our team, you can expect the stress to be off your shoulders. Our team will hold all of the stresses that come with a family law matter. 


To get started, schedule a consultation with one of our family law attorneys so that we can evaluate your case. In your consultation, we will help you understand what your next steps need to be.


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Mike

Kaine is a Rock-star family lawyer. He provided great guidance and very quick responses to all of my inquires during my divorce process. My matter was settled fairly and much quicker than even I expected. Kaine's paralegal Amica was fantastic and on top of everything! I would strongly recommend the team from Rose Law to anyone going through this process.
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Paul

Kaine was very informative, thorough and compassionate with a very intricate lengthily divorce that I was in. I found him to be very understanding and forthcoming with all the legalities and explaining them to me in an insightful manner. He was willing to fight for my rights. I have already recommended him to a couple of my friends to use.
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Jodi

Kaine represented me in a "not so typical" family law case. He has a wonderful bedside manner, listens, and made me feel like my concerns were valid (even if they weren't:) If he wasn't an expert on an issue we were facing, he made sure to bring one in. I appreciated that. He worked with me and was flexible and made sure I was in good hands all along the way.
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Legal Disclaimer:

The information you obtain at this site is not, nor is it intended to be, legal advice. Rose Law Group attorneys are licensed to practice law in Arizona. We invite you to contact us, but please be aware that contacting us does not establish an attorney-client relationship. Please do not send any confidential information to us until an attorney-client relationship has been established.

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