How To Get A Prenup Before Marriage

A marriage is all about two people deciding to spend the rest of their lives together. But what if, in the end, the marriage does not work out the way either person would’ve predicted? A prenup can be put in place before a marriage for protection.

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How To Get A Prenuptial Agreement

It’s quite common to believe one partner’s inherited family wealth, properties, and businesses should not be absorbed into a marriage. Let’s look at the steps couples should take before signing a prenuptial agreement below.

1. Get The Timing Right

Also referred to as a premarital agreement, a prenuptial agreement is something that should be considered prior to entering into a marriage. Prenups should be discussed when there are assets or incomes in need of protection.

Bringing up the idea of a prenup before a marriage is crucial. Doing so will ensure you and your soon-to-be spouse are on the same page as you enter the next chapter of your lives.

2. Contact An Experienced Family Law Attorney

The next logical step in the process is to contact an experienced family law attorney. Working with an attorney with plenty of experience drafting up prenuptial agreements can be extremely beneficial for both parties.

Discuss what goals you may have for the agreement. Then, you can talk about why you are choosing to go this route, so your partner can feel comfortable signing the agreement.

3. Prepare An Asset Disclosure

Your attorney will eventually ask you to prepare an asset disclosure, which is a list of both assets and liabilities. These will be used for the drafting of the prenup.

This is a crucial step of the process because it lets the attorney know exactly how the prenup should be written.

4. Review The Terms With Your Attorney

Once the asset disclosure step has been completed, it’s time to review the agreement with your attorney.

Always make sure to ask questions to get a full understanding of all the terms.

5. Execute And Notarize The Prenup

As soon as the prenup has been reviewed by your soon-to-be spouse and all terms are agreed upon, the parties will now execute and notarize the prenup.

Now, the soon-to-be spouses will agree to terms voluntarily, believing it is all reasonable, and that neither side is being coerced into signing the agreement.

Benefits Of A Prenup

Arizona is a community property state. In many cases, assets and properties that were yours before the marriage remain yours after the marriage. Those acquired during the marriage are marital assets and will likely be split 50/50. There can be mitigating circumstances that create exceptions to the community property rule.

A prenup clarifies what is to remain separate from the marriage. If your spouse agrees, you can make changes to your prenup. In addition to defining marital assets, there are several other prenup advantages.

A prenup can provide protection from your spouse’s debt.
You can specify compensation for giving up your job or educational efforts to advance your partner’s career or to provide childcare.
It allows you to declare financial decision-making and responsibilities.
You can separate and protect your financial interests.
A prenup allows you to define and separate inheritances among children and grandchildren. This can be especially beneficial for blended families. An attorney can help explain inheritance rights protections.
It can protect your business partners and employees if it specifies control and involvement of owners and stockholders. A prenup can also protect your spouse from liabilities and debts the business may incur.
You can limit spousal support in the event of divorce.

Can You Get A Prenup After Marriage?

If you are wondering if a prenup can be executed after marriage, the answer is both yes and no. Postnuptial agreements are legal agreements that can be put in place after a marriage. These agreements feature additional legal requirements and different standing under the law.

Postnuptial agreements can ultimately be signed after a marriage and utilized to define specific assets as separate property. It can also define other rights and responsibilities of both spouses.

Source:

1. 1. “Expert Advice For How To Get A Prenup” Retrieved on December 4, 2025 from https://www.theknot.com/content/what-is-a-prenup-should-you-get-one

Ogborne Law, PLC In Scottsdale, AZ

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Collaborative divorce can make these challenging times more manageable. It requires you to work with your spouse at a time when you have decided you need to go your separate ways. When it comes to child custody, though, you want to do all you can to make the right parenting decisions. Collaborative divorce can help create pathways for you to cooperate. If you live in the Phoenix/Scottsdale area and want to learn more about collaborative divorce, contact Ogborne Law today.