Exploring a prenuptial agreement can be one of the most empowering steps you take before
you walk down the aisle.
If you’re not 100% certain what a prenuptial agreement is, remember that it’s essentially a legal
contract that outlines how you and your partner will handle finances, assets, and debts
throughout the marriage, and in the unfortunate event of a divorce.
While it might be more pleasant to focus on cake tastings and venue décor as you prepare for
your big day, giving serious thought to a prenup now can save you from a ton of potential stress
and financial uncertainty later.
In this article, we’ll look at why you might want a prenuptial agreement, and equally as
important: what you can include in a prenuptial agreement (and how the no-fault divorce laws in
our great southwestern region affect your options). Let’s get started planning your future.
Why Do You Want A Prenuptial Agreement?
Let’s talk about this first, because it comes up often. Some people assume that prenuptial
agreements (also called ‘prenups’) are only for the rich and famous, but the reality is far
different.
Prenups can be beneficial for almost anyone, regardless of net worth or current levels of
success. They’re a tool for couples who want ultimate transparency and full clarity in their
financial dealings, both during the marriage and if life takes an unexpected turn.
So what exactly will a prenup provide you with?
Peace of Mind
One of the key advantages of a prenup is the peace of mind it can provide. Sadly, money is a
common source of conflict in marriages, and having a well-defined plan in writing often reduces
misunderstandings. By discussing and agreeing on how you’ll handle major financial matters,
from mortgages to vacations, you set a tone of openness and cooperation that can deeply
benefit your relationship in the long run.
Protection of Assets and Debts
If you own property, have significant investments, or hold interests in a family business, a
prenuptial agreement can ensure that these assets remain yours in the event of a split. On the
flip side, if your partner carries substantial debt, a prenup can protect you from taking on
financial obligations that aren’t yours.
Safeguarding Inheritances
For those who might inherit family-owned property or expect to receive valuable assets, a
prenup can outline those assets as separate property. This is particularly helpful if you want to
ensure that certain items, like a cherished piece of jewelry passed down through generations,
stay with you.
Clarity for Second Marriages or Blended Families
If you’re entering into a second marriage or already have children from a previous relationship, a
prenup can delineate how financial assets and debts will be addressed in the event of
separation or dissolution. This way, you can protect your children’s interests and avoid legal
battles down the line.
What’s Covered In A Prenup?
Want to hear some more good news? A prenuptial agreement can be much more
comprehensive than many people realize.
While it’s often associated with asset division, you can also address a wide variety of financial
and some lifestyle considerations.
Here are some of the main items that can be included:
1. Property and Asset Division
Perhaps the most common element of a prenup is the plan for dividing property if the marriage
ends. This can include real estate, vehicles, investments, retirement, and any other assets you
bring into the marriage or acquire afterward. Having a clear understanding of what is separate
property versus marital property can help both parties feel secure about their individual and
shared assets.
2. Debt Allocation
You might be surprised to learn that you can also use a prenup to allocate responsibility for
debts. If you or your partner has student loans, credit card balances, or other liabilities, the
agreement can specify how those debts will be handled both during the marriage and if you
divorce.
3. Business Interests
For entrepreneurs or those who have a stake in a family-run enterprise, a prenuptial agreement
can safeguard ownership rights and future profits. It can specify whether any increase in the
business’s value during the marriage is considered separate or shared property. This is a crucial
point if you’ve spent years building your enterprise or anticipate significant growth.
4. Spousal Support
Prenups can include provisions for spousal support (also known as alimony). For example, you
can clarify whether one spouse might receive financial support— and if so, how much and for
how long. While courts will still look for fairness, having these terms spelled out can provide
predictability and reduce legal wrangling.
5. Estate Planning and Inheritance
A prenup should work in tandem with your estate plan. You can outline how certain assets will
be passed on if you or your partner passes away, ensuring that family heirlooms, life insurance
proceeds, or retirement accounts go exactly where you intend them to.
6. Retirement and Investment Accounts
Contributions to retirement and investment accounts made before the marriage can be identified
as separate property. If you already have a substantial 401(k), IRA, or brokerage account, a
prenup can spell out exactly what happens to future gains in those accounts, both passive and
active, especially critical if one spouse significantly grows their investments during the marriage.
7. Certain Lifestyle Clauses
Some couples choose to include lifestyle clauses in their prenups, such as decisions about who
will manage household expenses or whether one spouse will stay home with any future
children. While not all lifestyle clauses are legally enforceable, they can still serve as a strong
agreed upon guide for how you’ll share responsibilities.
What a Prenup Can’t Do
As you can see, prenuptial agreements can do a lot, and there are many options to choose
from. However, it’s also important to note what prenuptial agreements generally can’t do.
For example, prenups cannot dictate terms related to child custody or child support for future or
existing children. Courts will always prioritize the best interests of the child at the time of
divorce.
Additionally, you can’t include any illegal provisions or anything that goes against public policy
(like imposing a financial penalty for cheating or gaining weight).
Remember, Arizona Is A No-Fault Divorce State
One of the biggest reasons to consider a well-structured contract is the legal backdrop of our
state’s no-fault divorce jurisdiction. Since neither spouse has to prove wrongdoing or fault to
initiate a divorce, marital assets can default to an equitable or community property split.
This typically means that what was acquired during the marriage is split equally, unless you’ve
already outlined a different arrangement in your prenup, or one party dissipates marital assets.
In a no-fault setting, the courts won’t delve into personal misbehavior like infidelity when
deciding how to divide property or assign spousal support. Instead, the law tends to follow
straightforward guidelines.
If you want more control over your financial outcome rather than leaving it to a judge or
predetermined formulas, a prenuptial agreement allows you to shape a fair and mutually
beneficial approach with your spouse.
Working With an Arizona Prenuptial Agreement Attorney
Given that the laws in this region can be intricate and that every couple’s financial landscape is
unique, it’s often wise to consult a local lawyer experienced in drafting prenuptial agreements.
That’s where your family here at Maricopa Family Lawyers comes in.
We can help you:
1. Understand your rights and obligations under the law.
2. Ensure your agreement is enforceable by clarifying the requirements for full disclosure
and voluntary consent.
3. Avoid including any terms that a court might deem unfair or contrary to public policy.
Our legal guidance becomes especially valuable if you own significant assets, have children
from a prior relationship, or anticipate a substantial inheritance, but we can help anyone
achieve the peace of mind they deserve.
So What Should You Do?
Great question. Remember that signing a prenuptial agreement may not be the most glamorous
aspect of wedding preparation. But also consider that it could be one of the most empowering
decisions you make.
Rather than viewing it as a prediction of divorce, think of it as a practical framework that helps
you and your partner navigate financial matters openly and fairly. By detailing your assets,
debts, and how you’d want to handle unforeseen circumstances, you’re creating a foundation of
mutual understanding, respect, and trust.
For people who find themselves worried about how finances might mesh with romance (or are
simply curious about how to protect their future) a thoughtful prenup can offer reassurance and
peace.
If you’re still on the fence, remember that here at Queen Of Prenups, we offer free
consultations.
Taking advantage of that offer can help you feel more confident and informed. You can ask any
questions about the prenup process, from the nitty-gritty of disclosures to how to handle assets
like a small business or a future inheritance, and anything else.
Ultimately, a prenuptial agreement is about choice and control. It lets you and your partner
decide how to manage your financial future, rather than leaving those decisions to be made in a
more stressful environment later on.
Whether you’re entering your first marriage, blending families, or simply looking out for your own
economic stability, a well-crafted prenup is an investment in peace of mind; one that can
protect everyone involved should life throw an unexpected curveball.
You deserve answers to those lingering “what if” questions you have. Call us today.
