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Can a Premarital Agreement Ever be Invalid in Arizona? www.singerpistiner.com 1
CAN A PREMARITAL AGREEMENT EVER
BE INVALID IN
ARIZONA? “Premarital agreements can also ensure you don’t become
responsible for your spouse’s debt, and can dictate what happens to assets after death”
Can a Premarital Agreement Ever be Invalid in Arizona? www.singerpistiner.com 2
Arizona is a community property state. This means that the laws establish the
rule that all property acquired during a marriage belongs to the husband and the
wife jointly. No matter who was working (or who wasn’t) and no matter who
bought the property or assets, the items belong to both husband and wife. This is
true for houses, cars, bank accounts, antiques and collections and all other
items.
When a couple divorces and the court divides up their property, the community
property will be divided up equitably between each spouse. Unfortunately, this
means that a business you start or other assets that you acquire could be put at
risk. There are ways to protect some property from becoming part of the marital
community and from becoming shared. However, you need to speak with an
experienced divorce and family law professional about your options for protecting
separate property and keeping it safe in case of divorce.
Can a Premarital Agreement Ever be Invalid in Arizona? www.singerpistiner.com 3
HOW TO KEEP SEPARATE PROPERTY SAFE
Although property acquired during the marriage belongs to the community,
anything that you own and bring into the marriage is considered separate
property. Money, real estate and assets owned prior to marriage that are
classified as
separate property
do not have to be
divided at the time
of a divorce.
A limited amount
of property
acquired during
the marriage may
also be classified
as separate property and thus not part of the marital estate to be divided. If you
invest your separate money and earn interest or other income on it, for example,
then the money that was earned from this investment may be classified as
separate property. Further, if you inherit funds or assets during the course of your
marriage and the money is left only to you, this inheritance may also be
considered separate property.
However, you should not assume that just because property could be classified
as separate that it necessarily will be. You must avoid co-mingling your separate
property with your marital assets if you want to protect it and ensure it does not
become part of the estate that is divided in a divorce.
Can a Premarital Agreement Ever be Invalid in Arizona? www.singerpistiner.com 4
For example, if you and your spouse buy a home together but you use money
that was yours from before your marriage for the downpayment, you have co-
mingled your separate property and mixed it with marital assets. In order to be
able to have those funds classified as separate at the time of a divorce, you
would need to very clearly
trace back their origins and
provide concrete evidence
that the money should belong
to you alone.
If you owned a house before
marriage and your spouse
worked with you to help you
improve it, putting sweat equity into the home, this could also complicate the
issue of what portion of the home belongs to you alone.
Keeping separate property entirely isolated from marital property is a smart
choice, but it can sometimes be difficult to do this. As a result, you should
consider other options for keeping your separate property safe instead of or in
addition to simply avoiding mixing it with marital assets.
One of the single best options that you have for keeping separate property safe
is to create a premarital agreement or a prenuptial contract. A premarital
agreement will specify what occurs in the event that you and your spouse decide
to end your marriage. While you cannot decide on issues like child custody or
child support in a premarital agreement, you can address both division of assets
and spousal support/alimony.
Can a Premarital Agreement Ever be Invalid in Arizona? www.singerpistiner.com 5
The premarital
contract should
clearly outline how
property is to be
divided, and the
contract provision
should be written
clearly so that the
court can enforce it.
You will want to have
an experienced attorney help to draft the contract so that you can ensure you
include all necessary clauses that will help to keep your separate property safe.
The agreement should address both property and assets that you own before the
marriage, as well as any future potential expected inheritances. If you have your
own business or are planning on starting a company while you are married, you
will also need to address the issue of business ownership as well so you can
protect yourself. By including provisions on alimony, you can also protect future
income as well as ensuring that your separate property does not end up
belonging to your spouse.
Creating a premarital agreement can be complicated and you want to be
absolutely sure that you meet all legal requirements for a valid contract so the
agreement will be enforced. Get legal help when the contract is created so you
can have the best chance of keeping your separate property safe.
Can a Premarital Agreement Ever be Invalid in Arizona? www.singerpistiner.com 6
About Singer Pistiner, P.C. In the midst of a family crisis, you may feel like you have nowhere to turn. But there is a solution. At Singer Pistiner, P.C., we will help you to find it. As a small firm, we are able to respond quickly to your needs and concerns. The efficiencies of being a small firm also enable us to provide high-quality legal services at affordable rates.
At Singer Pistiner, P.C., in Phoenix, Arizona, we know that divorce is an emotionally and financially taxing experience. That’s why we provide you with a simple, quick and personalized approach to family law services where you will deal with one attorney who will handle your case from start to finish.
Your Personal Attorneys
Throughout the legal process, our lawyers will keep you informed of important developments. We will return your phone calls, answer your questions and address any additional issues that may arise in the course of your case.
We will devote all of the time and effort needed to achieve the best possible outcome. Our law firm can take your case to family court, which is a part of the Superior Court of Arizona, or handle it through another avenue of resolution such as mediation. In addition to divorce, our lawyers handle paternity, prenuptial agreements, grandparents’ rights, orders of protection, child relocation, and modification and enforcement issues.
In any family law case, your best interests are our overriding concern. Our goal is to find the right solution for you — in an efficient, timely and affordable manner.
FAMILY LAW ATTORNEYS SERVING PHOENIX, GLENDALE, SURPRISE, SCOTTSDALE, TEMPE, CHANDLER AND MESA
If you’d like to know more about how our Phoenix family law firm handles divorce and other family issues, please feel free to call 602-264-0110 or send us an e-mail to schedule a free initial consultation.
Singer Pistiner, P.C. 1 East Camelback Road, Suite 550 Phoenix AZ 85012 Phone: 602-264-0110 Fax: 602-264-0440 Website: www.singerpistiner.com