A Prenuptial Agreement is entered into before two people are married to determine what happens to their property in the event of death or divorce. It can also control what happens in a divorce case as far as property division and spousal maintenance is concerned. There are certain requirements to ensure the Prenuptial Agreement is valid and less likely subject to challenge at a later date. A Postnuptial Agreement is entered into after parties are married and has different requirements to be considered valid than a Prenuptial Agreement does. Both Prenuptial Agreements and Postnuptial Agreements allow parties to contract around Arizona’s community property laws if the requirements for entering into them are followed correctly.
