Archive for the ‘Prenuptial Agreements’ Category

According to USA Today, only 3% of couples have a prenuptial agreement and, yet, over 50% of marriages end in divorce.  This disparity has led to a flood of couples at Phoenix court houses, trying to figure out their economic and legal rights after a divorce.  However, many of these issues can be addressed long before the couple is divorced…or even married. Arizona family law allows a couple to enter into an agreement, prior to marriage, that outlines how property will be divided, which couple will pay alimony, and how any children will be cared for after a divorce.  This [...]

What A Prenuptial Agreement CAN’T Do

A prenuptial agreement can do many things, but there are certain things it can’t do. Some of the things it can’t do include: Restrict child support, custody, or visitation rights Give up the right to alimony Encourage divorce Make rules about non-financial matters If a prenuptial agreement appears to favor one party significantly over the other, the court can set it aside and start from scratch. A prenuptial agreement can’t make non-financial rules like household responsibilities and use of last names after a marriage. Prenuptial agreements can provide many benefits to a marriage, but it must be equal to both [...]

It’s often hard to discuss the idea of a prenuptial agreement with your partner, but a prenuptial agreement can do many things that will benefit both parties. Some of these benefits include: Keeping finances separate A prenuptial agreement can stop individual accumulations during marriage from being divided up by a court during divorce. Protect each other from debts If one spouse brings debt to a marriage, creditors can use marital and community property to satisfy those debts. A prenuptial agreement can limit a person’s liability for the other’s debt. Provide for children from a previous marriage A prenuptial agreement can [...]

When to Have a Prenuptial Agreement

A prenuptial agreement isn’t a very fun topic to discuss with your partner, but it is a smart move financially. A prenuptial agreement is a contract that lays out how assets will be divided in the event of a divorce. You don’t have to be reach to have a prenuptial agreement. A person who has a smaller nest egg may want to protect it more than a person who has millions. You may want a prenuptial agreement if you fall into any of the following categories: You have or are pursuing a license in a lucrative profession You have loved [...]

Couples in Arizona often ask themselves the following question before entering into a marriage, What terms can and cannot be included in a prenup? This is a very common question, as most individuals often already have specific terms in mind before they begin to create their prenuptial agreement.  Prenuptial agreements can include any term that is not unconscionable, criminal, or in violation of public policy. On the other hand, spouses cannot use prenuptial agreements to control child custody or child support issues. On the other hand, couples commonly use prenuptial agreements to define property interests, expenses, division of property and [...]

In Arizona, couples can enter into a spousal agreement before marriage, known as a prenuptial or premarital agreement, to control certain aspects of the marital property.

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