Practice Area
Prenuptial & Postnuptial Agreements
Thoughtfully drafted agreements that protect both parties and reflect your intentions clearly — before or after marriage.
Marital Agreements in Arizona
A prenuptial or postnuptial agreement is a contract between spouses (or prospective spouses) that addresses financial matters — typically property division and spousal maintenance — in the event of divorce or death. These agreements are not just for the wealthy; they are a practical tool for anyone entering a marriage with assets, a business, children from a prior relationship, or significant debt.
Arizona has adopted the Uniform Premarital Agreement Act, which sets out the requirements for a valid prenuptial agreement. Understanding these requirements — and drafting an agreement that meets them — is essential to ensuring the agreement will be enforceable if it is ever needed.
We draft prenuptial and postnuptial agreements, review and advise on agreements drafted by others, and represent clients in disputes about the enforceability of existing agreements.
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Prenuptial Agreements
A prenuptial agreement is entered before marriage and takes effect upon marriage. It can address the characterization and division of property, spousal maintenance, and other financial matters in the event of divorce or death. It cannot address child custody or child support — those issues are determined at the time of divorce based on the circumstances then existing.
To be enforceable in Arizona, a prenuptial agreement must be in writing, signed by both parties, and entered voluntarily. A court can refuse to enforce an agreement that was not entered voluntarily or that was unconscionable at the time of enforcement. Full financial disclosure — or a knowing waiver of disclosure — is also important to enforceability.
We draft prenuptial agreements that are clear, comprehensive, and designed to withstand scrutiny. We also advise clients who have been presented with an agreement drafted by the other party's attorney.
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Postnuptial Agreements
A postnuptial agreement is entered after the marriage has begun. It can serve similar purposes to a prenuptial agreement — addressing property characterization, division, and spousal maintenance — and can be particularly useful when circumstances change after the marriage.
Common reasons for a postnuptial agreement include a new business venture, a significant inheritance, a change in financial position, or a desire to clarify the parties' intentions about property that has accumulated during the marriage.
Postnuptial agreements are subject to heightened scrutiny in Arizona because they are entered between parties who are already in a confidential relationship. We draft these agreements carefully to ensure they will be enforceable.
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Reviewing an Existing Agreement
If you have been presented with a prenuptial or postnuptial agreement drafted by the other party's attorney, it is important to have your own counsel review it before you sign. We can advise you on the agreement's terms, identify provisions that may be unfavorable or unenforceable, and negotiate changes on your behalf.
We also represent clients in disputes about the enforceability of existing agreements — whether seeking to enforce an agreement or challenging one.
Considering a Marital Agreement?
A well-drafted agreement provides clarity and protects both parties. Contact the Law Office of Katherine Kraus, PLLC to discuss your situation.
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(623) 566-4500