Arizona law defines a premarital agreement (or what is commonly referred to as a “pre-nup”) as an agreement between two prospective spouses made in contemplation of marriage. Once the marriage of the parties becomes official, the premarital agreement goes into effect.
Under the Arizona Uniform Premarital Agreement Act, in order to be considered enforceable, a premarital agreement must be in writing and signed by both parties. Once this requirement is met, the scope of what can be agreed to between the parties is quite broad, and the premarital agreement is permitted to cover a number of different items, including:
- The modification or elimination of spousal support.
- The making of a will, trust, or other arrangement to carry out the provisions of the agreement.
- The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located.
- The right to buy, sell, assign, mortgage, or otherwise manage and control property.
- How property will be disposed of upon separation, divorce, death, or the occurrence/nonoccurrence of any other event.
- Any other matter, including their personal rights and obligations, not in violation of public policy or a statute imposing a criminal penalty.
Once the parties of a premarital agreement are married, the agreement may only be revoked or amended by a written agreement signed by both parties. However, a number of statutory exceptions exist which can serve to invalidate or otherwise void a premarital agreement that has been entered into prior to marriage.
For this reason, whether you’re seeking to execute a valid and binding agreement or attempting to challenge the provisions of an agreement already in effect, it is important to seek out an attorney experienced in the construction of such documents. The Carroll Law Firm has experience drafting pre-marital agreements and would happy to discuss these issues with you. Call (623)551-9366 to set up a consultation.
