Prenuptial Agreements

FAMILY LAW ATTORNEY

Prenuptial Agreements in Phoenix

Despite their sometimes unfairly earned reputations, prenuptial agreements often strengthen a marriage in the long run. They’re a valuable tool for sorting out legal and financial considerations prior to your marriage becoming official, which can help you avoid potentially contentious disagreements during the marriage.

A prenuptial agreement can:

• Establish clear guidelines for spousal support/alimony and the division of assets
• Define rights regarding property obtained during the marriage
• Protect either spouse from the other’s current or future debts
• Codify estate planning arrangements, such as guidance for wills and trusts
• Set ownership rights for life insurance policy death benefits 

It is important both parties have their own attorney with which to consult on their prenuptial agreement. It’s vital that both parties are transparent with each other and their lawyer about assets and existing debts.

Attempting to shoehorn in limitations on either party’s child custody rights or child support obligations are often looked upon poorly by the courts. Any provisions that reduce one spouse’s child support liability below what would normally be required by the Arizona Child Support Guidelines is unlikely to stand up in court.

Spousal support arrangements that are viewed as unfair by the court might also be successfully challenged in the future. Although spousal support can be effectively modified in many prenuptial agreements, it likely won’t stand if the agreement ends up so economically disadvantaging one spouse that they then require governmental assistance.