A premarital agreement stipulates the rights of property and support for each spouse in a marriage. If one spouse dies or files for divorce, these contracts will determine what happens to their assets, property, and children. These contracts may vary widely based on the unique needs and wishes of the couple. If you are considering creating a premarital agreement, the knowledgeable attorneys from the office of Riggs Ellsworth & Porter PLC in Show Low, AZ, will explain what you need to know.

4 Premarital Agreement FAQs Answered by an Attorney

1. Do I Need a Premarital Agreement?

Any married couple can have a premarital agreement. You may choose to sign the state’s default marital agreement or decide to write your own. However, many of today’s couples are choosing to designate their own terms. 

2. What Are the Requirements?

Both parties must voluntarily agree to the terms of the contract for it to be valid. They both also need to disclose the details of their income and assets.

3. Can You Break the Terms of a Premarital Agreement?

You cannot break the terms of a premarital agreement. Assuming both parties voluntarily entered into the contract, the court will uphold its terms. Even if the terms are unfair to one party, the court must enforce it. To ensure the contract is fair in the first place, each party should enlist independent legal support.

4. How Do You Create a Premarital Agreement?

First, let your fiancée know you would like to make a premarital agreement. Next, make a list of your personal financial information and discuss what you would like to accomplish with the contract. Finally, you should each meet with qualified attorneys to ensure the terms serve your respective interests.

If you would like to enter into a premarital agreement, talk to the attorneys who want to help. The team from Riggs Ellsworth & Porter PLC are skilled in family law, spousal support, and child custody cases of all kinds. For more information about these marriage and divorce lawyers, visit the firm online. To schedule your complimentary consultation, call today at (928) 537-3228.