Marriage is a meaningful union, but it also carries important legal and financial implications. Whether you’re preparing to walk down the aisle or reassessing your marital arrangements, a prenuptial or postnuptial agreement can offer clarity, protection, and peace of mind. At Provident Law®, we help individuals and couples in Scottsdale navigate these agreements with confidence and care. Our experienced family law attorneys tailor each document to your unique needs—ensuring your assets, expectations, and future are thoughtfully secured. Contact us today to learn how we can support your goals and safeguard what matters most.
Understanding Prenuptial Agreements
A prenuptial or premarital agreement is a legal contract that a couple signs before they marry. The purpose of a prenuptial agreement is generally to address the division of assets and debts in the event of divorce or separation. As such, prenuptial agreements do not go into effect until the parties marry.
While individuals of all economic backgrounds can benefit from prenuptial agreements, these agreements are more common among couples who already own significant assets and/or have children from other relationships. Rather than leaving the division of property and debts to a judge’s decision, the parties take a proactive step by making those decisions for themselves before they even marry.
Under A.R.S. §25-202, prenuptial agreements must meet certain requirements to be legally valid and enforceable. More specifically, the agreement must meet the following requirements at the time the parties execute the agreement:
- The agreement must be in writing.
- Both parties must voluntarily sign the agreement.
- Execution of the agreement occurs only after fair and reasonable disclosure of the property and debts, unless one or both parties explicitly waive disclosure by a signed document.
Ideally, both parties should have separate family law attorneys to represent their interests in drafting and executing a prenuptial agreement. Legal representation is the best way to ensure full disclosure, that each party voluntarily signs the agreement, and that the agreement is not biased in favor of one party.
Understanding Postnuptial Agreements
A married couple can sign a postnuptial agreement that sets rules for how they will handle finances, including the division of property and assets, if they ultimately divorce or separate. One common reason for a postnuptial agreement is if one spouse inherits a large amount of property that he or she wants to protect during a future divorce. Another reason for a postnuptial agreement might be if one spouse is extremely successful in business and acquires significant assets; absent a postnuptial agreement, the other spouse could have a claim to the successful spouse’s property, which some may find unfair.
No statute specifically authorizes postnuptial agreements in Arizona, so there is no set period of time that parties must be married before they can sign one. However, courts routinely enforce postnuptial agreements as legally valid.
Like prenuptial agreements, postnuptial agreements must be in writing and signed by both parties. The parties must each voluntarily enter into a postnuptial agreement only after full and fair disclosure of their financial matters. A court may invalidate a prenuptial or postnuptial agreement if it finds that one spouse signed it under duress or without full disclosure. Independent counsel should also represent parties throughout the process of entering into a postnuptial agreement.
Content of Prenuptial and Postnuptial Agreements
Prenuptial and postnuptial agreements primarily cover property and assets in the event of divorce. Relevant issues in one of these agreements may include:
- Income of each spouse
- Retirement accounts
- Valuable personal property, such as vehicles, antiques, boats, RVs, etc.
- Real estate
- Inheritances received by either spouse
- Payment of spousal support or alimony
Furthermore, there are some issues for resolution in a divorce that neither a prenuptial nor a postnuptial agreement can cover, such as:
- Parenting time options with minor children
- Employment circumstances of a spouse if a divorce occurs