When life transitions are planned for joyfully, I can still be a point of your balance offering services related to Pre-Marital Agreements.  At such joyful times, I find people are searching for future alternatives to our state laws that will work better for their particular circumstances. 
And, the GOOD NEWS is:
YOU HAVE ALTERNATIVES!  Here is some information about the Pre-Marital Agreement services that I offer and why you may want to choose this service.

Pre-Marital Agreements

 

THE PROCESS

The subject matter of a Pre-Marital Agreement can be sensitive as it arises during the time parties are planning the joyful event of their wedding.

 

In my experience, couples benefit when a process to discuss a Pre-Marital Agreement can be created that is supportive of the anticipated marital relationship. I believe that components of such a process include empowering the party’s constructive communication regarding financial matters and maintaining a collaborative approach rather than an adversarial approach.  

 

WHAT HAPPENS IF YOU DON’T HAVE A PRE-MARITAL AGREEMENT?

  • Arizona has laws that provide for matrimony.  Under such laws, the married couple may be viewed as having a legal partnership that gives rise to rights and responsibilities.
  • Arizona has laws that provide for community property.  These laws impact not only real and personal property, but include income and liability for debts.
  • Arizona has laws that pertain to dissolution of marriage.  Aspects of these laws pertain to property division and spousal maintenance.
  • Arizona has laws regarding the estate of a decedent. Certain laws will apply whether or not an individual leaves a Last Will and Testament.

 

The real question facing individuals before their marriage is whether these laws work for them under their particular circumstances.

 

WHAT HAPPENS IF YOU HAVE A PRE-MARITAL AGREEMENT?

Importantly, you first have the opportunity to review with an attorney whether Arizona laws work for you under your unique situation.

 

If you find you would like to create alternatives to these existing state laws, the parameters of how to do so are set forth in the Arizona statutes.

 

Let’s begin with a DEFINITION.  Arizona statutes define a Pre-Marital Agreement as: “An agreement between prospective spouses that is made in contemplation of marriage and that is effective on marriage.”

 

These statutes also establish conditions that are pre-requisites to the enforceability of such agreements as well as exceptions to their enforceability.

 

In your review of existing Arizona law and your unique situation, some alternatives that you may want to address in a Pre-Marital Agreement include:

  • Making provisions for children of prior marriages
  • Identifying how finances will be managed during the marriage
  • Classifying property as community or sole and separate
  • Protecting one another from liabilities
  • Identifying how future education of either party will be treated
  • Determining how property will be divided upon dissolution or death
  • Determining spousal maintenance upon dissolution
  • Providing for dispute resolution regarding the Pre-Marital Agreement

 

ROLE OF AN ATTORNEY

Only Arizona licensed attorneys are authorized in Arizona to give legal counsel and advice regarding Pre-Marital Agreements.  They are also authorized to prepare Pre-Marital Agreements.  Finally, in the event of litigation regarding a Pre-Marital Agreement, courts carefully scrutinize the statutory conditions that are a pre-requisite to the enforceability of the Pre-Marital Agreement. When each party to the Pre-Marital Agreement is represented by a licensed attorney, there is a greater likelihood that the statutory conditions that are a pre-requisite to the enforceability have been met and that the court will grant enforcement. 

 

MY GOAL is to create a supportive process that empowers you to have constructive communication with your fiancé regarding financial matters and that is collaborative rather than adversarial.  If this is also YOUR GOAL, please contact Elizabeth A. Winter, Esq. for an appointment.

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