Premarital Agreements Protect Your Assets and Your Rights

Many couples decide to make plans regarding property and debts before the wedding. Because Arizona is a community property state, a prenuptial or premarital agreement allows a couple to decide what will happen to their property and debts in the event of separation, divorce or death.

A premarital agreement changes your rights and the protections that you would otherwise have under the Arizona community property laws. These agreements are especially useful to people who have been married before and have children from a previous marriage, or perhaps, have substantially unequal assets going into the marriage. The premarital agreement must be in writing and signed by both parties.

Provisions that a premarital agreement can include are:

  • Each person's rights to property and assets the couple purchases or sells during the marriage
  • Decisions on the division of property and assets prior to the couple separating, divorcing or one passing away
  • The provision for or elimination of spousal support
  • The creation of a will or trust to carry out the actions put forth by the prenuptial agreement.
  • Ownership and disbursement of life insurance policies, retirement benefits and other assets
  • How the couple will conduct a divorce, if they choose to do so in the future
  • Any other matter, including the couple's personal rights and obligations

The Law Office of Merle L. Stolar, P.L.L.C., will help you create a premarital agreement to fit your needs and goals. Attorney Stolar will advise you as to what a premarital agreement must contain, and the disclosure required so that a court will not find the agreement to be "unconscionable" or unreasonable, should you ever need to enforce it.

The Law Office of Merle L. Stolar cannot represent both parties to a premarital agreement, and recommends that the other party has his or her own attorney to negotiate, or review the final document to ensure he or she has adequate representation and counsel at the time of signing.

To learn more about prenuptial/premarital agreements, contact attorney Merle Stolar at (520) 628-7777, Extension 163, or contact the office online.

Post-Marital Agreements

The Law Office of Merle L. Stolar, P.L.L.C., also drafts post-marital (postnuptial) agreements for you after you have married. These are particularly useful if one of the spouses has received a substantial inheritance or started a business. To learn more about post-marital agreements, contact attorney Merle Stolar at (520) 628-7777, Extension 163, or contact the office online.