You don`t need to consult a lawyer to write a prenup contract, but prenuption agreements must be written to be valid. It is in your best interest to use a pregnancy agreement form that has been verified by a lawyer rather than completely recreating a form from scratch. Many people use legal forms of online prenuption to develop their agreements. Arizona does not require that each party have a lawyer, but the simple act of having a lawyer on both sides eliminates many arguments along the way, including allegations that “I did not understand what I signed.” With regard to the application of pre-marital agreements, three main issues are generally dealt with by a court when the agreement is challenged: 2. The agreement has been coerced, signed under duress or signed without intellectual capacity. For my clients who accept my advice for this official signing ceremony, the minutes of the signing ceremony are almost as important as the marriage agreement itself (and should be kept in a safe place with other important documents). Arizona law characterizes a marriage agreement as “an agreement between potential spouses reached in contemplation of marriage and effective for marriage.” As a result, the marriage agreement must be signed before the marriage (provided the pre-marital agreement is concluded). If the parties are already married, there may be other options for which you should speak to a lawyer, including a post-marriage agreement or a legal/financial separation. It would also be helpful if you look at some “How to Write a Marital Agreement” checklist. Also, some research and go through some notarized chord lines. For example, if the marital agreement, in the division of property between spouses, also refers to a real estate transfer, with the notarized document is highly recommended. If you look at the typical wedding arrangement, you can decide whether it is an option that works for you or some other way.
Alternatively, there are also several wedding arrangements that are both before marriage and whole life agreements, which you can easily adapt. Although I had marital agreements that I prepared for clients who were assaulted, I did not set aside any of my pre-contracts drawn up by a judge. There can be no guarantees in litigation and no lawyer can guarantee that a marital agreement will be maintained in absolute terms in the future, because laws can change, judges are human and sometimes false and no lawyer has a crystal ball that works. However, there are some steps you can take with your lawyer to maximize the chances of success in maintaining a marriage agreement if it is called into question later. While it may seem obvious that asking a highly drunk or severely medicated person to sign a contract, including a marriage contract, the difficulty for marital agreements is often years later when a party first decides to challenge the applicability of a marriage contract. Remember, not only when you`re trying to get out of a prenupe, you now think you`re being unfair, but also when you think about signing one.