The marriage agreement stipulates that after the divorce, the woman will lose all her shares in the phoenix house ($1.4 million market value) and instead collect the Tucson matrimonial dwelling ($1.0 million market value). If the Prenup is forced, the wife gets a common value of $400,000 less than the husband receives. In this example, the woman could greatly benefit by defying the prenup. If the challenge is successful, her share of common ownership should be equal to her husband`s, or 1.2 million. She was able to end the divorce with the condominium and compensation of $200,000 to compensate for the difference in market values. However, there are a few things you need to know about the spousal retention provisions in a marital agreement. The first is that the marital agreement must be deemed unacceptable by a judge at the time of the agreement to be rejected by a court. An experienced lawyer should be able to avoid it if he or she develops your marriage pact by advising you on the basis of your unique financial situation. For those who don`t want to be surprised at what happens to all their property in the event of a divorce, a matrimonial agreement allows you to circumvent these laws and give security to what happens with the wealth you had before the marriage, as well as the wealth (and debts of your spouse) accumulated during the marriage. Arizona passed the Premarital Act, which governs the creation and enforcement of marriage contracts in Arizona. This law, along with some decisions of the Arizona Court of Appeals, expressly allows people to « unsubscribe » from the laws of the Arizona community, which would otherwise be imposed on both spouses in the event of divorce.
If you are considering a marriage deal or if you have a dispute over an existing prenup, then you should talk to an experienced lawyer who can help with these issues. Contact a family lawyer from Arizona, who is near you today, to find out more. If a party wishes to cancel the agreement, it can argue that if the existence of a valid marriage agreement simplifies the divorce process in Arizona, the existence of a post-uptial agreement will not be the case if the agreement is challenged. Because of the way the statutes are written, it is sometimes difficult to understand every detail. You can get help by consulting a lawyer and reading a simple version of the content. In the following table, you`ll learn more about the law that governs pre-marriage agreements in Arizona. E. A question of the insularity of a pre-marriage contract is decided by the court.