Arizona, Prenuptial Agreement Samples

Prenuptial Agreement Form for Arizona

In Arizona the halfway mark in creating a legally binding premarital contract between engaged couples is the prenuptial agreement form. Creating a prenuptial agreement is a serious step. Therefore, many attorneys suggest that this step should only be taken after many ongoing discussions between you and your fiancé about your future financial plans.

Once you discuss and agree upon these terms and plans, a prenuptial agreement form is used to organize them into a legally binding contract that you both will sign. Since it becomes legally binding, it’s imperative that you both feel comfortable with everything within the prenuptial agreement. Although it may be difficult, it’s extremely important that you both think past the excitement of the wedding and ask yourself, “If we divorce will I be accepting of the terms of this agreement?”

The prenuptial agreement can be completed after you and your fiancé have decided upon the details surrounding the division of your assets and finances. Only after you are both absolutely confident you are comfortable with the terms, an Arizona prenuptial agreement form can be established. At this point you should have a licensed attorney review your agreement in full. If you choose not to consult an attorney, you can complete the forms yourself. If you do this, though, you need to make sure that you follow the prenuptial agreement laws of Arizona.

Before you begin creating your own prenuptial agreement, you should view this sample prenuptial agreement. Doing this will not only give you an idea of what the template looks like, but will more importantly give you financial topics you should talk about with your fiancé. These conversation ideas should be talked about thoroughly during a serious sit-down conversation before you legalize your contract.

A sample prenuptial agreement for Arizona can also help you learn more about what is expected of you for your state. A example of an Arizona prenuptial agreement can be seen below. It’s important for you to remember that this is simply an example or template and that legal advice should be sought from a licensed Arizona attorney before you take steps of your own.

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Shortened Version of Arizona Prenuptial Agreement

This agreement is made on the day ____ of ____, 20____, between:

Prospective Husband __________________ and Prospective Wife _____________________

Collectively referred to as the “Parties”.

WHEREAS, the Parties to engage in legal marriage under the laws of the State of _______________  and it is their desire to enter into an Agreement listing the rights and privileges each other will have in control of property upon divorce or death resulting in the termination of their marriage;

WHEREAS, the Parties have made a full and fair disclosure of their assets without deception, as labeled in Exhibits A and B in this agreement;

WHEREAS, the Parties have been advised and represented wholly by an attorney of their choice, given a complete explanation of their rights, given a clear understanding of what the consequences are for entering into this agreement and how the rights would be different if they were not to voluntary enter into this agreement; and

WHEREAS, both parties are fully aware of the terms of the agreement, have not been placed under any undue duress or coercion during the preparation and signing of the agreement, and believe the agreement to be fair and representative of the intentions surrounding their assets;

NOW, therefore, it is agreed as follows:

1)   The property obtained prior to marriage, as labeled in Exhibit A and B, will belong to the respective party, without the rights of the other party to request ownership.

2)   The Parties will have the full authority to do as they please with regard to their separate property as they would normally have if they were not married. This includes the right to use, sell, enjoy, manage, gift and convey any property belong to the respective party. The other party must relinquish or execute the documentation that allows the other party to exercise their rights in regards to their separate property.

3)   Upon separation or divorce, the Parties, existing of this date, will have no right to request claims of support, alimony, additional compensation, or division of other property, unless explicitly stated that marital property acquired after marriage can be subject to division within the written agreement or by the judge in the case.

4)   This agreement created will be binding and inure to the benefit of the parties, their successors, assigns, and legal representatives.

5)   Both Parties in this agreement recognize that they: (a) have been made aware of the terms and facts related to the material in the agreement as to the rights and liabilities of both Parties; (b) have entered into this agreement voluntarily; (c) have been provided a full and fair disclosure of the assets and debts of the other party and agree to what has been disclosed; (d) have given the agreement thought and consideration prior to signing; (e) have read the agreement closely and understand each provision within, both as to the terms and the legal effect surrounding the outcome.

6)   The Parties agree to enter into this contract willingly upon the date of marriage which includes the attached Exhibits related to the Parties. Each party understands the agreement can only be modified through the mutual agreement of both parties, in writing.

7)   This agreement will be enforced under the law of the State of  ____________________ at the time of the execution of this agreement.

Each party is aware and reconfirms that signing this agreement now on ______ day of _______, 20___, will permanently surrender claims he or she would have had under ____________ (name of state) Law. Each party is also in agreement that this contract was formulated from their own doing, without duress or pressure and with the benefit of individual counsel or through the explicit waiving of this counsel. It has been agreed upon by both parties that this agreement is fair and represents their full intentions.

Signature of Prospective Husband: _______________________________

Signature of Prospective Wife: ___________________________________

Witness #1

Witness #2

Signed this ____________________ day of ______________________, 20 ____

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