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Arizona Pre-nuptial Agreements Questions & Answers
As its name implies, an agreement entered into between a couple prior to marriage. Pre-Nuptial Agreements generally present an agreement between the couple who are contemplating marriage as to what property is separate, pre-martial property. Such an agreement will often make provisions for the classification of property which might be acquired during the course of the marriage, as for example whether it will be treated a separate or community property. Pre-Nuptial agreements generally deal with the division of property and marital obligations and such matters as spousal maintenance in the event of eventual separation or divorce by the parties.
Does there have to be a full disclosure of all property in a Pre-Nuptial Agreement?
Full disclosure of all assets and obligations of both parties is key to the enforceability of Pre-Nuptial Agreements. If a party fails to disclose significant assets or obligations it could seriously impact the legal validity of the agreement from that party's standpoint.
Do both parties to a Pre-Nuptial Agreement need to consult an attorney?
Although it is not mandatory that anybody ever seek out the services of an attorney, it is generally advisable. Anyone contemplating the signing of a Pre-Nuptial Agreement should consult with an attorney and get a full explanation of the meaning of the provisions contained in such an agreement before signing it. One should bear in mind, the fact that the attorney who has prepared a Pre-Nuptial Agreement is representing his client and will want to put every provision in the Agreement which will benefit and protect his client.
Prior to filing, either spouse may ask the court to order mediation in order to either save the marriage or to obtain an amicable settlement and avoid further litigation. After filing, either spouse may request that the proceedings be transferred to the Conciliation Court for mediation. If one spouse denies that the marriage is irretrievably broken, the court my delay the case for up to 60 days and order the spouses to attend a conciliation conference.
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