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Arizona Prenup Checklist: Protect Your Assets

Your step-by-step checklist to ensure your Arizona prenup aligns with state law and sets a solid foundation for marriage.

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Photo by Florian Schneider on Unsplash

1. Start Early

Timing is critical.

Begin discussions months before the wedding to avoid claims of coercion.
Allow time for negotiations, revisions, and legal reviews.

2. Work with First’s Attorneys

Legal guidance is non-negotiable

With First, each party has their own, separate attorney who will work one-on-one with them to address any questions or concerns.
This is essential, because in Arizona, the use of a shared attorney to review the prenup may render it unenforceable - meaning all of your hard work will be for nothing!

3. Disclose All Assets and Debts

Transparency builds trust. Moreover, failing to disclose premarital assets or debts risks making the agreement unenforceable.

List every asset and liability, including:
- Bank accounts, investments, and retirement funds
- Real estate, vehicles, and business interests
- Debts (e.g., student loans, mortgages, credit cards)
First allows you to get specific, which means you can make sure that your priceless heirlooms or family homes are protected and will not be subject to being sold in the case of divorce.

4. Define Property Rights

Arizona is a community property state—a prenup is the only way to override the default rule of assets and debts generally being divided 50/50 upon divorce.

Specify which assets and debts are separate (yours alone) vs. community (jointly owned).
Address any potential future earnings, debts or acquisitions.
Construct roadblocks to any accidental “transmutation” of separate property into community property.

5. Address Spousal Support

Clarity prevents future disputes.

First allows you to outline whether spousal maintenance (alimony) will be paid, its amount, and duration.

8. Execute Properly

Formalities protect enforceability.

Best practice is for the prenup to be:
- In writing (required).
- Signed voluntarily by both parties (required).
- Notarized (best practice, and psst: this is part of the process at First, saving you an extra chore on your pre-wedding to-do list!)
Parties should each keep a signed copy of the prenup in a secure location.

Why This Matters

A well-crafted prenup isn’t just a legal document—it’s a roadmap for mutual respect and financial harmony. By following this checklist, you’re not preparing for failure; you’re empowering your partnership with clarity and confidence. Using First, you and your partner (with the help of Arizona family law attorneys!) can efficiently draft a prenup fitted to your unique needs. With the right safeguards in place, you can focus on what truly matters: building a life together under the Grand Canyon State’s endless skies. 🌵💍

Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for personalized guidance.

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