💍 Prenuptial Agreements in Arizona: What You Need to Know Before You Say "I Do"

Nobody walks down the aisle expecting their marriage to end, but smart couples know that planning ahead can strengthen your relationship, protect your assets, and avoid costly battles down the road.

In Arizona, prenuptial agreements (often called "prenups") are fully enforceable when done correctly. Here’s what you need to know about creating a fair, legally binding prenuptial agreement before your big day.

What Is a Prenuptial Agreement?

A prenuptial agreement is a written contract between two people who intend to marry. It outlines how property, debts, and finances will be handled during the marriage—and in the event of divorce or death.

In Arizona, prenups are governed by the Arizona Uniform Premarital Agreement Act (A.R.S. § 25-201 et seq.).

Key Issues You Can Cover in an Arizona Prenup

• Division of assets and debts if the marriage ends

• Ownership of separate property (e.g., business interests, inheritances)

• Responsibility for premarital debts

• Spousal maintenance (alimony) terms or waivers

• Management of household expenses during the marriage

• Estate planning matters (e.g., rights to inherit property)

📌 Important: Child custody and child support cannot be decided in a prenup in Arizona. Courts determine those issues based on the child’s best interest at the time.

Requirements for a Valid Prenuptial Agreement in Arizona

To be enforceable, your prenup must:

1. Be in writing and signed by both parties

2. Be voluntary (no pressure or coercion)

3. Include full and fair disclosure of each party’s financial situation (unless waived in writing)

4. Not be unconscionable (grossly unfair) at the time of signing

📌 It’s a good idea for each party to have their own attorney to avoid claims of duress or unfairness later.

Common Misconceptions About Prenups

• "Prenups are only for rich people."
  False! All sorts of couples use prenups to protect business interests, family inheritances, or to avoid being saddled with a spouse’s debt.

• "Signing a prenup means you don’t trust your partner."
  Wrong again. A prenup is about open communication and financial clarity. Not a prediction of divorce.

• "Arizona is a community property state, so I don’t need a prenup."
  Actually, community property rules can make dividing assets 50/50 mandatory without a prenup, even if that’s not what you intended.

Practical Tips for Creating a Strong Prenup

1. Start discussions early—don’t wait until the last minute

2. Be honest about all assets, income, and debts

3. Use separate attorneys to review and advise

4. Avoid overly one-sided terms that could be deemed "unconscionable"

5. Plan for updates (e.g., if your financial situation changes dramatically)

📌 Prenups signed under pressure days before a wedding may be easier to challenge later.

Final Thoughts

A prenuptial agreement isn’t about planning for divorce, it’s about building a stronger, more transparent foundation for your marriage.

Need help drafting or reviewing a prenuptial agreement? I work with Arizona couples to create fair, enforceable prenups that protect their future and their peace of mind.

Hurley Law Group
Prenuptial Agreement & Family Business Counsel for Arizona Couples
📞 308-383-1867
🌐 hurleylawgroup.com
✉️ eric@hurleylawgroup.com