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These same laws govern each parties' potential financial interests in the sole and separate property of the other spouse. If you do not have a prenuptial agreement, Arizona law will dictate what happens to all of your assets, even those you owned prior to marriage.

In order to create a prenuptial agreement, you will need to hire an attorney. The cost of an attorney will depend on their hourly rate and the amount of time it takes to draft the agreement.

For a premarital agreement to be valid in Arizona, it must meet the following requirements: It must be in writing and signed by both parties. It must be executed before the marriage takes place. The agreement must not be unconscionable. Full and fair disclosure of each party's finances must be made.

The Arizona Uniform Premarital Agreement Act controls the manner in which these agreements are created and the requirements for legal enforceability. ARS § 25-201. We do not recommend that the soon-to-be-newlyweds attempt to draft their own premarital agreement.

Generally, prenuptial agreements allow for the separate management of financial affairs during the course of a marriage. Under community property laws, they may exclude certain assets from division in the event of a divorce, but prenuptial agreements can't change what's considered individual property under Arizona law.

Couples in California Can Write Their Own Prenups Under the California Uniform Premarital Agreement Act, as long as the contract respects and fulfills the state's legal requirements, it will be viewed as a valid and legally binding agreement with or without input from a licensed attorney.