This document contains a list of clauses used in premarital agreements, followed by the full clauses used in the agreements. The 38-page document also contains general comments on negotiating, drafting, and execution of premarital agreements.
Arizona Prenuptial Agreements - General Comments on the Negotiating, Drafting and Execution of Prenuptial Agreements
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FAQ
Under Arizona law, a properly drafted and executed prenuptial agreement is enforceable without consideration.
Section 25-202 (enforcement of premarital agreements)
The agreement was procured by fraud a prenup is valid only if it is entered into after full disclosure by both parties as to their income, assets, and liabilities. If one spouse provides the other with information that is not accurate or truthful, the agreement is invalid.
This can be any length of time, from 2-30 years if you'd like. If you are already married and wish you had considered filing a prenuptial agreement, a postnuptial agreement can offer you the same sense of financial security. Talk to a family law attorney to learn more about these important agreements.
Generally speaking, both fiance's should hire attorneys to negotiate and draft a prenup on their own behalf, because the agreement may not be enforceable without involvement of separate legal counsel. Most lawyers representing parties in prenuptial negotiations act as if it the entire transaction is purely business.
Issues that are typically dealt with in a prenuptial agreement include spousal support in the event of separation or divorce, including whether the couple will waive spousal support, arrangements regarding care and support of children that either party may have from a prior relationship and how those support payments
The agreement becomes effective when the parties actually marry each other, but not before. Under Arizona law, a properly drafted and executed prenuptial agreement is enforceable without consideration.
A prenuptial agreement can be enforced if it fulfills the following conditions: The agreement or contract should be clear, fair, voluntary, mutually signed and in writing.
