**We are not attorneys but the information in this article is widely available on each state website, in addition to many standard attorney websites.**
As divorce has become more mainstream and less of a Scarlet Letter, people have realized why Kanye sang “we want prenup! We want prenup!”. Unlike his song, the outdated stereotype of a man protecting his money from a gold digger no longer exists. More and more women approach marriage with their own financial security and see the value of not only protecting their assets, but also taking steps to avoid a nightmare of expensive attorneys if the relationship doesn’t work out. The financial complications of divorce can certainly be mitigated by having a prenup in place, assuming it is enforceable when the marriage dissolves. But a judge can deem the document INVALID in Arizona for various reasons. The following reasons pertain to Arizona in particular:
1. Prenup was signed under duress- The document must be signed by both parties at least six months before the wedding. Make sure the verbiage in the document is able to withstand a future challenge regarding both parties voluntarily signing it. The document shouldn’t be completely unfair to one party or else the judge can decide it is unconscionable.
2. Only one spouse was represented by a lawyer- Each person in the marriage should have an attorney and both attorneys should create and approve the document. Not only does this help to create a more fair agreement, it eliminates the possibility of one person claiming they didn’t understand what they were signing.
3. Assets were misrepresented- One side concealed or lied about their debts or assets.
4. Mental incompetency- One spouse was under the influence of drugs or alcohol when he/she signed the document.
5. Affects child support or child custody- A prenup is not considered favorable by the court if it includes limitations to child support or child custody rights. There are Arizona Child Support Guidelines and the court will not allow a prenup to reduce the support below the standard laws.
6. Omit spousal maintenance- This one is tricky. Basically the court likes to be in charge of spousal maintenance because they have their own formula that includes many factors. In addition, the state of Arizona does not want to limit spousal support to the extent where one party would need public assistance.
Consult an attorney that specializes in prenups if you decide to go down this road. You can also modify your prenup after marriage OR create a “post nup”. These documents don’t mean you aren’t in love….they just mean you understand the legal and financial ramifications of divorce. Maybe we should write our own rap song about this?
