Stewart Law Group has experienced and caring marriage contract lawyers in Phoenix, Scottsdale, Chandler, Glendale, Mesa, Peoria, Tempe & Gilbert. Our legal team strives to provide the highest quality legal advice to all our clients. To speak to one of our lawyers or arrange a confidential consultation with a lawyer, call 602-548-3400, fill out our online contact form or email your question to info@arizonalawgroup.com today. There is no doubt that a prenup is a topic often discussed in popular culture. The term is often used in songs, social media, as well as in television and film. However, according to some authorities, only about 5-10% of the company actually executes a marriage contract before marriage. There are many reasons why individuals would not implement or even consider a marriage contract in Arizona. The most common reasoning seems to be that people can`t or don`t want a scenario in which their marriage could potentially fail. A marriage contract is supposed to make marriage more fluid, but it can`t solve all the problems. Arizona law limits the scope of a prenuptial agreement to: Most disputes to prenuptial agreements involve spousal support. This often happens because a couple accumulates more assets during their marriage, which does not distract the deal.
An experienced divorce lawyer can draft a prenuptial agreement that can help couples avoid problems later on. Arizona law recognizes that neither parents (nor the judge) can see the future. Thus, when parents enter into an agreement or a judge makes orders, that agreement and those orders are based on the world as it exists today and on the current facts and circumstances. However, a lot can change as time passes, children grow up, and parents make different life choices. As an extreme example for a while, imagine that two parents agreed to an immutable schedule, and imagine if Arizona law allowed the parties to divest themselves of the court competent to modify such orders by agreement, and then imagine that shortly after it was discovered, that either parent abused children physically, sexually or emotionally. For these unpredictable reasons, Arizona law allows both parents to return to court due to a change in circumstances and request a change in existing orders. A prenuptial contract must be concluded at least one month before the marriage. Putting a prenup on the other party is not a way to start a marriage, and it is a sure way to put it aside. However, with the help of a lawyer, you will ensure that your agreement is enforceable so that if you divorce in the future, you will undoubtedly know that your prenuptial agreement is valid.
Arizona is a “community property” state. This means that any income brought into the marriage by you and your spouse is considered shared between the two of you, including houses, cars, income, savings, real estate, and even furniture. For example, if you and your spouse earn a total of $150,000, that income is considered your spouse “community income.” In the event of a divorce, without a prenuptial agreement, this community income would be shared 50-50 between the two of you, even if you earned $100,000 and your spouse earned $50,000. If you and your spouse want to set boundaries between your personal income, then you need a prenup. There is no room for inexperience or error when it comes to marriage contracts. The same goes for post-marital agreements. With more than six decades of combined legal experience, Stewart Law Group`s family law lawyers continue to offer their clients imaginative and respectful representation. Let our experience make a difference in your family`s future. For a prenuptial agreement to be valid and enforceable in Arizona, the following conditions must be met at the time of conclusion: After marriage, you can enhance your spousal loan with a prenuptial agreement. Use this article to assess whether a prenuptial arrangement might be right for you and your future spouse.
If so, contact a stewart law group premarital attorney who can help. As described below, each party should have its own prenuptial counsel as independent legal representation. Arizona`s prenuptial agreements can also establish responsibilities during marriage. Some agreements set out the family and financial obligations of each spouse and whether there will be children and how the children are to be raised. .