Prenuptial Agreements and Postnuptial Agreements Lawyers in Tucson

Arizona is a community property state, meaning that couples share all property acquired over the course of their marriage and must divide it equally between themselves in a divorce. There are specific exceptions for property acquired before the start of the marriage or as a gift, but these assets must be kept from commingling with communal assets during the marriage. 

Prenuptial agreements are marital contracts negotiated prior to marriage that may prevent your assets from being divided according to the default Arizona laws. These are sometimes called premarital agreements or simply “prenups.” They can regulate a specific asset or multiple assets and can help determine spousal support arrangements. Alternatively, couples may negotiate postnuptial agreements while they are married to regulate the same financial items. 

Couples may use these contracts for any of the following purposes: 

• To separate complex business assets from community property
• To designate assets for children from a prior relationship
• To establish guidelines for the maintenance of specific assets
• To modify or establish guidelines for spousal support
• To supplement a will or trust

Furthermore, Arizona allows marital agreements to regulate any other matters related to personal rights, obligations, and assets, so long as they do not violate the law. 

Aside from when they are signed, there are other important differences between these two contracts, such as their limitations and how they’re enforced. There are also rules that must be followed to ensure their validity. Therefore, it is essential to speak with a marital agreement attorney familiar with local premarital and postnuptial contract laws and regulations.