How to Get a Prenuptial Agreement in Arizona

Getting a prenuptial agreement in Arizona before you get married is akin to taking out a financial insurance policy. It’s also a way to tell your future spouse, “Things might change, but I’ll still take care of you in case our marriage ends.” 

Understanding what a prenup is, its legal standing, and who it’s for are the first steps in protecting your assets and future. 

This article explains everything you need to know about getting a valid Arizona prenuptial agreement. We outline the steps required to get an agreement, explain the importance of legal representation, and highlight common drafting errors you should avoid. 

Understanding Arizona prenuptial agreements 

Arizona has adopted the Uniform Premarital Agreement Act (UPAA), which makes premarital agreements legal in the state. The prenuptial agreement must adhere to state laws to be valid and enforceable.  

What is a prenuptial agreement?

A prenuptial agreement or premarital agreement is a legally binding contract entered by two soon to be newlyweds. The legal document outlines a person’s financial rights and roles during the marriage. It also describes how responsibilities and other significant assets will be divided if the marriage dissolves. 

What can be included in a prenup? 

Every prenuptial agreement is unique as it’s tailored to suit your and your future spouse's needs and circumstances. However, it’s essential to understand the legal requirements of a prenup in AZ. 

Arizona law allows the following provisions to be addressed by a premarital agreement: 

• Division of property and marital assets in the event of divorce or separation
• Protection and payment of debts occurred before and during marriage
• Each spouse’s rights and obligations during the marriage
• Each spouse’s financial obligations and responsibilities to any future children 
• Each spouse’s responsibilities to children from previous marriages
• Spousal maintenance terms and duration
• Ownership rights to inheritance, wills, and trusts

What shouldn’t be included in a prenup? 

Arizona state law restricts what content can be written into a prenup. Avoid including the following clauses in your prenuptial agreement: 

• Clauses about illegal activities 
• Activities that go against public policy
• Decisions around child custody or child support
• Requirements that encourage divorce
• Frivolous requests like maintaining a certain weight or appearance 

Who should get a prenup?

There is no simple answer to this question, as getting a prenup is a personal decision. But contrary to popular belief, prenuptial agreements aren’t only for the rich and famous. Neither should they cause any tension or drama between prospective spouses. Prenups are a practical tool that benefits married couples from all walks of life.

Here are a few scenarios where drafting a prenuptial agreement in Arizona is advantageous: 

• You or your spouse have complex and multiple assets (property, trust, stocks, inheritance, business interests, etc.)
• You or your spouse own a business 
• You or your spouse have children from a previous relationship
• You or your spouse have significant financial liability
• You or your spouse have a stark difference in earnings 
• You or your spouse is unable to or opts not to work 
• You and your spouse have a significant age difference
• One spouse is funding the other’s education or professional training

How to implement a prenup

To get a valid Arizona prenuptial agreement, the legal document must meet the following requirements:

1. Exist in writing 
2. Have reasonable disclosure of personal property, assets, and debts
3. Be fair to both parties 
4. Be signed voluntarily without any force or pressure
5. Be signed well in advance of the wedding date by both parties
6. Be signed by two witnesses 
7. Be notarized 

7 steps to get a prenup in AZ

Follow these seven steps to get a legally enforceable and valid Arizona prenuptial agreement. 

1. Hire independent legal counsel

You and your future spouse bring different priorities, assets, and interests into the marriage. Therefore, it’s best to have independent legal representation. A separate lawyer will prioritize your marital rights, interests, and financial obligations during the negotiation process. 

Also, per Arizona state law, one legal team or firm cannot represent both parties. Find an experienced family law attorney to help you through this exercise. 

2. Disclose all financial and non-financial assets and debts

Financial transparency is the foundation of any prenuptial agreement. It’s more than just being honest about your financial obligations; it’s about building a solid base for your future marriage.

Arizona laws require fair and reasonable disclosure of all assets and debts. To do this:

• List each person’s personal property and financial liabilities. 
• Include any premarital debt. 
• Be as detailed as possible. This will minimize the chances of the prenup being challenged or overturned in a future divorce. 
• You can include bank accounts, investment accounts, cryptocurrency, savings, business interests, retirement funds, education funds, stocks, land, real estate, cars, jewelry, watches, art, antiques, and furniture as assets.
• A few examples of premarital debt are private school loans, mortgages, car loans, and credit card debt.

3. Outline desired terms 

Discuss and negotiate all the terms you wish your Arizona premarital agreement to protect. Some topics to include in this conversation are spousal maintenance, management of daily expenses, household duties, who will work, who will raise children, how big-ticket items will be purchased, and how any property and incurred debt will be divided between the two of you. 

Spousal support or alimony is a crucial point of many divorces. Discussing these terms in advance via a prenuptial agreement can set the right expectations between partners and ensure fairness in financial arrangements. Objective standards like the length of the marriage and the actual income of both parties are used to calculate the spousal support amount. 

4. Address community and separate property

The U.S. has nine community property states, and Arizona is one of them. This means that any assets acquired by either of the partners or through joint funds during the marriage are considered community or marital property. Any existing property owned by a party before the wedding is separate property and remains with the original owner. 

Arizona’s community property laws apply to real estate, land, artwork, earnings, retirement savings, joint bank accounts, business interests, and debts. All of the above will be divided amongst both parties in case the marriage ends. 

So, if you wish to keep full ownership of certain existing assets, it’s best to list them as separate properties in the prenuptial agreement. Be as open and transparent about your needs and requirements. 

One point to emphasize here is around businesses or lucrative professional practices owned by either spouse. If one party wants to retain control of their family business or professional practices, like their clinic, the prenuptial agreement allows you to designate it as a separate property. This will limit the other party’s ability to claim ownership over any professional or business interests. 

An experienced family law attorney can increase your understanding of community property laws and help you hold onto valuable personal property. They can also make alternative legal arrangements to points of contention. 

5. Draft the prenuptial agreement

Yes, you can write your own prenup in the Grand Canyon State. However, as we mentioned earlier, the Arizona prenup law stipulates what can and can’t be included in the contract. If there are any drafting errors or illegal clauses in your written agreement, a judge can invalidate it. 

Therefore, we recommend working with a licensed state attorney with family law experience. They will ensure that the document follows the correct state requirements.

6. Ensure the agreement is fair and valid

The document should be fair to both parties. Any Arizona prenuptial agreement that is grossly unfair or puts one party at a significant disadvantage will not hold up in court. Getting your own independent legal counsel to review the agreement is one way to ensure fairness. 

7. Sign the document 

The prenuptial agreement needs to be signed before you officially exchange vows through a religious or civil ceremony. The signing must also occur in front of two witnesses who aren’t related to you or your future spouse. A notary public must then sign the document. Once both parties have signed the agreement voluntarily, it becomes legally binding. 

Can prenups be modified? 

Yes, prenups can be modified as often as required before signing. Once the agreement is signed and notarized, it is a legally binding document. If you try to change terms after the prenup is signed, courts can see it as a breach of contract. 

However, many times, couples need to modify a signed agreement. Some scenarios that require modification are: 

• Significant changes to a spouse’s finances, like getting an inheritance, winning a lottery, or losing a lucrative business
• Career changes like getting a new and stressful job or going into retirement 
• Life changes like the birth or adoption of a child

You can include a clause in your original prenuptial agreement allowing amendments and modifications to make room for changing needs and requirements.

Creating a new contract is the only way to alter any signed and valid Arizona prenuptial agreement after marriage. This is typically known as a postnuptial or post-marital agreement. Postnuptial agreements need to specify that they override the original legal document. 

To draft a postnuptial agreement, both parties should again engage independent legal counsel. The new agreement needs to be in writing and signed voluntarily to be legally valid. 

Modifying a prenup is not straightforward, but that doesn’t mean it’s impossible. Consulting an experienced lawyer can get you the necessary guidance for this process. 

9 common prenup mistakes to avoid 

Creating a prenup agreement might appear simple, but any mistake made during the drafting and signing process can invalidate the agreement. Here are some common pitfalls to avoid: 

• Rushing into the process. A prenup needs to be carefully discussed and drafted. Many couples rush through the negotiation process and sign an agreement that doesn’t protect their personal property and marital rights. 
• Creating an unfair agreement. Arizona courts will most likely deem it invalid if the agreement is grossly unfair to one party.
• Putting spousal maintenance burden on the state. Arizona law will not accept an agreement with spousal maintenance clauses burdening the state’s tax system. The agreement will not be approved if you both waive rights to spousal support and one of you has to rely on the state to support themselves.
• Concealing financial assets and debts. Arizona mandates fair disclosure of both spouses’ assets and debts. A lack of transparency in either party’s finances will render the agreement invalid and hamper your lawyer’s ability to advise you. Failure to disclose substantial assets and debts will also break the trust between the two of you. 
• Signing the agreement under pressure. Neither you nor your future spouse should be pressured into the agreement—both parties have to sign the agreement voluntarily. Bringing up the prenup a few days before the wedding might not be ideal. It’s best to start a premarital agreement conversation at least six months before the wedding date. This provides ample time for honest discussions. 
• Including child custody clauses. A prenup can’t dictate child support and visitation clauses. The judge will decide child custody rights and other related matters at the time of separation based on the child’s best interest. Courts use Arizona Child Support Guidelines to calculate child support. 
• Drafting the agreement themselves. You might be tempted to go down the DIY path as it saves you some money. But be aware that this method could leave you more vulnerable to losing significant money and assets later. Also, unclear language can be misinterpreted. This increases confusion and arguments in the event of a divorce. 
• Hiring one attorney to represent both parties. Arizona state law requires both parties to have their own legal representation. The agreement will not pass the state’s validation requirements if this step is not followed. Using independent legal counsel also ensures there are no disputes over the understanding of terms or their willingness to sign the document. 
• Not accounting for future changes. Life is a constant change, and a prenuptial agreement usually accounts for financial responsibilities for the current period. Getting an inheritance or birth of future children can necessitate a change in the agreement. Therefore it’s wise to include clauses that allow you and your future spouse to modify to the agreement. 

FAQs 

Here are some of the most common questions about prenups in AZ, answered. 

How much does a prenup cost in Arizona?

A prenup can cost anywhere between $100 to $10,000. Yes, that’s a wide range. This difference is there because the actual cost depends on several factors, such as attorney fees, location, and complexity of the terms. 

The average fee charged by a family law attorney in Arizona is $258 per hour. More experienced lawyers charge between $300-$400 per hour. There is also no fixed guarantee of how long it will take to draft a prenuptial agreement. This can get expensive pretty quickly. 

If you are keen on a prenup and need to consult an affordable attorney, use one of LegalZoom’s legal plans. The plan provides you with access to a network of qualified attorneys for a flat monthly rate. 

Can I write my own prenup in Arizona?

Yes, you can. But this is probably not the wisest decision.  
Language and wording matter significantly in prenuptial agreements. The court or other party can challenge the agreement if there are any mistakes such as including child custody terms or not being upfront about finances.

Also, forgetting to address crucial issues could impact your financial standing during the divorce. For example, without a prenup, the courts will manage the division of assets and debts. You could lose ownership over valuable property. 

If hiring an attorney from an established law firm stretches your budget, you can utilize LegalZoom’s three-step process to get a prenuptial agreement. 

Do prenups hold up in court in Arizona?

Prenuptial agreements are legally enforceable in Arizona. So, if a married couple decides to call it quits and they've signed a premarital agreement, the court will honor that agreement. 

• There are scenarios when a judge will not enforce the agreement. Instances where the prenuptial agreement will not hold up in court are:
• When one spouse didn’t get a chance to obtain independent legal representation
• When one spouse limits the other spouse’s marital rights
• When one spouse’s financial obligations are misrepresented during the signing
• If one spouse didn’t sign the agreement voluntarily

How long does a prenup last in Arizona?

Arizona has no time limit on how long a prenuptial agreement can last. However, many couples do opt to include a sunset clause.

A sunset clause sets an end date for the agreement. Examples of sunset clauses are: 

• Agreement ends after the birth of a child
• Agreement ends after “X” number of years
• Agreement ends after one spouse finishes paying off premarital debt

Please be aware that incorrectly worded sunset clauses can render a prenup invalid. So, working with an experienced family law attorney is highly advisable. Discuss the benefits of including a sunset clause in your agreement. 

Empower yourself with an Arizona prenuptial agreement 

If you are considering a prenuptial agreement in Arizona, rest assured that it is a wise and smart move. The agreement provides financial transparency and protects your assets in the event of a divorce or legal separation. It also helps you have honest conversations about your roles and responsibilities in the marriage.

Remember, your Arizona prenuptial agreement must meet the state’s rules to be enforceable. 
There is also no room for error while drafting this legally binding document. You and your future spouse could be in deep financial trouble with one wrong move.

LegalZoom’s network of attorneys can explain the benefits of a prenup that will help you weigh your options. They can even draft a sound prenuptial agreement on your behalf.

Let us know when you are ready to take the first step towards protecting your marital future. We’ll get you started on the right foot.