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Prenuptial Agreements

Marriage is not only a public statement of a couple's love, but it is also a powerful legal and economic relationship. Couples who marry effectively enter into a legally binding contract. But most couples don't understand the terms of the contract they're entering into. At McKay Law, we help clients establish peace of mind and thoughtful planning through prenuptial agreements.

The process of crafting a prenuptial agreement is an exercise in prudent money management and financial planning that provides more than just economic benefits to the couple involved. We have done prenuptial agreements for people just starting out in their careers, financially established individuals, and those on their second marriage.

During your consultation you will have the opportunity to discuss a variety of questions, including:

  • How will a prenuptial agreement protect me?
  • What issues can a prenuptial agreement cover?
  • How do I tell my fiancé that I want her/him to sign a prenuptial agreement?
  • Will a prenuptial agreement protect my children?
  • Will my interest in my business and home become community property after I marry?
  • Will a do-it-yourself prenuptial agreement be enforced by an Arizona court?

A prenuptial agreement is only effective if the court accepts it as valid, which is why there are serious risks involved in drafting a do-it-yourself agreement or having your prenuptial agreement prepared by an inexperienced attorney.

Disagreements and misunderstandings regarding money are a leading cause of divorce. If you identify and work through basic issues of financial responsibility before you marry, you and your fiancé will then be able to focus on the other aspects of your relationship. Prenuptial agreements can strengthen relationships because they clarify issues concerning money. A prenuptial agreement can also preserve your estate for your children, grandchildren, or loved ones.

If you are considering a prenuptial agreement, McKay Law recommends drafting your prenuptial agreement as far in advance of your wedding as possible. Not only does this allow more time to thoughtfully work out the terms of the agreement, but also an agreement signed five months before the wedding is seen by the court as a stronger contract than one signed right before marriage. For that reason, it is critically important that, if you are negotiating a prenuptial agreement shortly before your wedding, you work with experienced legal counsel. 

Do You Need to Attack a Prenuptial Agreement?

If you are facing divorce in Arizona and have concerns related to a prenuptial agreement or other marital contract, the attorney you hire could make all the difference in the outcome. Prenuptial agreements vary dramatically depending on their original purposes, whether they were originally drafted by a knowledgeable lawyer, their enforceability, and a range of other factors. We can analyze all aspects of any prenuptial agreement, cohabitation agreement, or domestic partnership agreement, and advise you on your likelihood of success in disputing either the validity of the entire contract or specific clauses and stipulations.