High net worth divorces often make headlines for pricy alimony payouts, but prenuptial agreements are just as important for average income earners as they are for the wealthy. As explained in the Arizona State Legislature, a prenuptial agreement is final, binding and enforceable by law.
Most people sign prenuptial agreements as a precaution against divorce, simply using it to protect their finances and assets. Though unromantic, these contracts are still important and can save you lots of time and money if your marriage ends.
The Zachary Law Group, PLC can help you draft a comprehensive prenuptial agreement. If you would like to speak with a Chandler divorce lawyer, then call our office today at 480-389-3533.
Until then, read on to learn five tips that will help you create a prenuptial agreement:
- Plan in Advance
It is crucial that you finalize your premarital agreement with your fiancée long before you actually get married. An alarming number of disputes about premarital contracts occur because future spouses do not discuss this with each other in advance. In fact, you should finalize the details of these agreements at least six months prior to walking down the aisle.
This will give both of you adequate time to review the terms and make any necessary changes. Because it is not a last-minute decision, it will be easier to remain on friendly terms.
- Keep a Level Head
It is imperative that you keep all emotions in check when drafting a prenuptial agreement. While being in love and getting married may feel wonderfully exciting, these emotions should not affect the agreement. You must remain objective and impartial, which involves keeping a level head and thinking clearly.
- Be Firm yet Reasonable
It is vital for both of your interests that the agreement is reasonable. However, it must also be enforceable. Fault clauses, for example, can quickly complicate an otherwise basic stipulation. It is for this reason that experts suggest leaving them out entirely. Instead, it is better to work with a family attorney. He or she can include clauses that clarify exactly what both of you will get if you divorce.
- Create an Amicable Environment
It is vital that you draft, negotiate and sign a prenuptial agreement in an amicable environment – one that is free of duress or coercion. Even though it is sometimes challenging to prove, a court may disregard the agreement if it believes that one of you signed under pressure or without sufficient mental capacity. Your lawyer’s office is an amicable environment.
- Consider Hiring a Family Attorney
Many people believe that it is premature to consult a divorce lawyer prior to getting married. However, this is an important step. Consulting a family attorney will ensure that your agreement adheres to Arizona laws and is enforceable.
If you are getting married in Arizona and have questions about prenuptial agreements, then contact the Zachary Law Group, PLC. Call us today at 480-389-3533 to schedule a consultation.
