Prenuptial Agreements Attorney in Chandler

Relationships are often made stronger, not weaker, with prenuptial agreements. A prenup is a way for you to protect your hard-earned money and assets before entering into marriage. Creating a prenup may require some uncomfortable conversations between you and your future spouse, but it can ultimately give you greater peace of mind as you prepare for your future together. For legal assistance creating a prenuptial agreement in Chandler, Arizona, contact Guymon Law today.

Why Choose Us

• Amber L. Guymon founded Guymon Law out of a true desire to help people.
• Our attorneys are committed to representing clients throughout Maricopa County.
• We have more than 50 years of combined experience in family law.
• Your lawyer will personalize your legal services based on your unique goals.
• We will make creating a Chandler prenuptial agreement as easy, peaceful and stress-free as possible.

About Chandler Prenuptial Agreements

A “prenup” isn’t just for the rich and famous. A premarital agreement can assist you in avoiding the application of community law principles. In other words, premarital agreements can eliminate the court’s ability to award your spouse his or her “equitable share” of property brought into or accumulated by you during the marriage.

For example, if you wish to keep contributions to retirement accounts during the marriage as your separate property, you can enter into such an agreement and the court will uphold that agreement so long as your premarital agreement is valid. Specifically, the family court will defer to the terms of the premarital agreement in the unfortunate event of a legal separation or divorce.

Premarital agreements are particularly important for business owners. Did you know that simply owning a business before marriage does not preclude your spouse from making a claim for their share of increase in the business value during marriage? The self-employed spouse can only exempt themselves from division of this “community asset” by entering into a valid Chandler premarital agreement.

If you are unsure about whether you need a prenuptial agreement, it is worth taking the time to engage in a consultation and to be educated regarding your options and the benefits of entering into a premarital agreement.

What a Prenup Can and Cannot Include

One of the most important things to know about creating a prenuptial agreement in Arizona is that there are certain things you can and cannot include on this legal document. You cannot include anything you want to, without regard to the law. Having just one illegal or invalid term on your prenup could nullify the entire document. Some of the most common terms included in a prenuptial agreement are:

• Plans for the division of property, assets, business or debts
• Protections for premarital assets (separate property)
• Plans for keeping property in the family
• Beneficiary instructions for children from another marriage
• Spousal support terms, as long as the other spouse had access to independent counsel

Some things that a prenuptial agreement cannot cover are any terms regarding child custody or child support, terms requiring a spouse to commit or go along with illegal acts, terms that encourage divorce, and terms that refer to the spouse’s physical appearance or personal life. Any unjust, fraudulent or exploitive terms are also barred from a prenup. It is important to work with an attorney on the language of your prenuptial agreement to make sure that it is clear, lawful and legally binding.

Who Should Consider Getting a Prenup?

Many couples can benefit from creating a Chandler prenuptial agreement. If you and your spouse have any type of separate or marital property, including money, savings accounts, retirement plans, properties or vehicles, a prenuptial agreement can help you protect yourself from Arizona’s strict community property law. This law divides all marital property 50/50, even if this is not fair for either spouse. It can be especially important to protect yourself with a prenup if any of the following apply:

• You own a business.
• There is a significant disparity between how much you and your fiancé own.
• Your fiancé is bringing a lot of debt into your marriage.
• You have children from a previous marriage.
• You wish to clearly divide financial responsibilities during your marriage.
• You want to avoid the stress (and cost) of arguing with your spouse in case of a divorce.
• You want to avoid the stress (and cost) of arguing with your spouse in case of a divorce.

These are all good reasons to obtain a prenuptial agreement in Arizona. If you opt not to sign a prenup, you could be at risk of losing half of your assets or taking on half of your partner’s debts should your marriage ever end in divorce. Although no couple wants to think about the possibility of a divorce before the wedding day, it is wise to be prepared for all futures. Getting a prenup won’t hurt anything if you never need to use it. If you do get a divorce, however, having a prenup can be instrumental in protecting your assets.

How We Handle Prenuptial Agreements at Guymon Law

Every premarital agreement is different. Our Chandler prenuptial attorneys will meet with you initially to discuss your current circumstances and your goals. This will assist us in proposing the unique terms to be contained in your premarital agreement. The particular terms will need to be negotiated and agreed upon with your soon-to-be spouse. Though the process can be emotionally difficult at times, the resulting benefit is avoiding future arguments and litigation over division of debts and assets, spousal maintenance, and/or the character of your property.

How To Prepare

Schedule a consultation as far in advance as possible. This will allow appropriate time for negotiation and execution of the agreement well in advance of your wedding.

Inventory of your debts and assets. We can give you the best advice when you inventory your assets and debts, including values, balances, etc. Please bring a copy of your inventory to your consultation.

Engage in a discussion with your soon-to-be spouse. Though the topic can be difficult to raise, it is beneficial to discuss a premarital agreement with your spouse prior to the consultation. This way, you will have more knowledge of his/her respective goals and objectives in entering into the agreement.

Make a list of your goals and objectives. To the extent you can, make a list of your goals and objectives in entering into the premarital agreement. Ask yourself the question: “What would I prefer to happen in the event of a divorce?” Don’t worry, if you’ve missed anything, we are prepared to provide you with advice and ideas. This list should also contain any known goals of your soon-to-be spouse. Please bring a copy to your consultation.

Do not bring your soon-to-be spouse to your consultation. This process is a negotiation. You should not share your attorney-client emails or communications with your soon-to-be spouse. Your soon-to-be spouse will need to be represented by his or her own legal counsel.

Contact Us About a Prenup in Chandler, AZ Today

If you’re considering creating a prenuptial agreement, please contact Guymon Law for more information and an individualized legal consultation at our local law office in Chandler. If you are already married but wish to protect yourself by creating a legally binding contract with your spouse, we can help you with a postnuptial agreement instead. Call (480) 680-8823 or contact us online today to speak to an attorney in more detail about your options.