In this article, you will learn:
- What exactly a prenuptial agreement does.
- Whether prenuptial agreements are always enforceable.
- What determines whether a prenuptial agreement is not enforceable.
What Can Or Cannot Be Addressed In A Prenuptial Or Postnuptial Agreement In Arizona?
A prenuptial agreement primarily addresses financial issues. This is a great way of preemptively preparing financially for a divorce in Arizona.
Specifically, it handles things such as the division of property and debts, as well as spousal maintenance. This is generally good because so many people fight over spousal maintenance, so much so that the State of Arizona is attempting to make new laws and guidelines to reduce these fights.
What prenuptial agreements do not address is anything related to children. They do not address parenting time, legal decision-making, and child support. This is because the courts consider the children’s best interests related to those issues. They want to avoid the agreement being abused in a way that puts people in unjust situations, such as an agreement that mandates the children have equal, unsupervised parenting time with a parent, who (after the agreement is made) goes on to commit acts of severe domestic violence against their spouse and the children.
Are Prenuptial Agreements Always Enforceable?
Prenuptial agreements are generally always enforceable, so long as they cover spousal maintenance and property division. But, as with any rule, there are some exceptions to this one!
If a prenuptial agreement is not enforced, it is usually due for one of the following reasons.
- You did something that indicates you initiated the agreement in bad faith. This can include failing to disclose your income, property, or debts properly. It can also be that you had your spouse enter the agreement without the ability to digest the agreement fully prior to entering it (for example, telling them about it the first time the day before the wedding, not giving them enough time to hire legal counsel to review the agreement, etc.).
- The agreement is unenforceable, not for legal reasons per se, but because it is excessive or immoral. This would be along the lines of demanding your spouse get no money or property at all.
- Enforcing the agreement would put the other party on public assistance. If this is the case, the court generally amends the agreement to the extent that it takes the other party off public benefits.
Assuming these do not apply to your agreement, the State of Arizona will enforce it more likely than not. Preparing financially for a divorce in Arizona with a prenuptial agreement is a good reason to consult with an attorney to make sure all your Is are dotted and Ts are crossed.
For more information on Prenuptial And Postnuptial Agreements In AZ, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (623) 696-3429 today.