PRENUPTIAL AND POSTNUPTIAL AGREEMENTS

Prenuptial agreements in Arizona are enforceable if they are validly drafted and executed with certain requirements. If the Agreement is drafted incorrectly, it may be unenforceable. If you are getting married and you have assets, a validly drafted and executed prenup is likely needed. Schedule a consultation now.

 Arizona adopted the Uniform Premarital Agreement Act (“UPAA) in A.R.S. § 25-202, which makes premarital agreements legal in Arizona. In order for a prenuptial agreement to be enforceable, the following must be present:

1. The agreement must be in writing and signed by both parties. The agreement is enforceable without consideration. (That means, the marriage is the consideration).
2. The agreement becomes effective on the marriage of the parties.
3. The agreement is not enforceable if the person against whom enforcement is sought proves either of the following:
4. The person did not execute the agreement voluntarily.
5. The agreement was unconscionable when it was executed and before execution of the agreement that person:

(a) Was not provided a fair and reasonable disclosure of the property or financial obligations of the other party.

(b) Did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided.

(c) Did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party.