Donaldson | Cunningham
  • Home
  • About
    • Monica H. Donaldson Stewart
    • Benjamin H. Cunningham
    • Kate L. Kane
    • Logan Smith
  • Family Law
    • Divorce
    • Mediation
    • Prenuptial Agreements
    • Adoptions And Termination Of Parental Rights
    • Child Support
    • Collaborative Divorce
    • Grandparents’ Rights
    • Legal Decision-Making Authority And Parenting Time
    • Paternity
    • Property Division
    • Same-Sex Family Law
    • Spousal Maintenance
  • Estate Planning
    • Living Trusts
    • Living Wills
    • Powers Of Attorney
    • Wills
  • Testimonials
  • Blog
  • Contact
Contact Us:
480-792-9770
Donaldson | Cunningham
  • Home
  • About
    • Monica H. Donaldson Stewart
    • Benjamin H. Cunningham
    • Kate L. Kane
    • Logan Smith
  • Family Law
    • Divorce
    • Mediation
    • Prenuptial Agreements
    • Adoptions And Termination Of Parental Rights
    • Child Support
    • Collaborative Divorce
    • Grandparents’ Rights
    • Legal Decision-Making Authority And Parenting Time
    • Paternity
    • Property Division
    • Same-Sex Family Law
    • Spousal Maintenance
  • Estate Planning
    • Living Trusts
    • Living Wills
    • Powers Of Attorney
    • Wills
  • Testimonials
  • Blog
  • Contact
480-792-9771
Integrity Driven Support For Every Stage Of Life
  1. Home
  2.  | 
  3. Prenuptial Agreements
  4.  | 
  5. The Ideal Prenup

The Ideal Prenup

On Behalf of Donaldson Stewart, P.C. | Jan 19, 2018 | Prenuptial Agreements

If you are considering entering into a prenuptial agreement (also known as a premarital agreement or a “prenup”) before tying the knot, make sure you start early. Too often, couples try to squeeze the prenup process in between picking up the tux and the final teeth bleaching, when they ideally should have met with their attorneys soon after choosing the wedding date. The prenup discussion doesn’t get easier if you procrastinate and if you put it off too long, the agreement is vulnerable to being set aside if either party successfully argues they didn’t have sufficient time to fully understand the terms or consequences of signing the agreement. Lawyers may charge higher premiums for expedited legal work, so beginning the process earlier will save you money and result in an agreement that is less likely to be deemed unenforceable. Although there is no “magic date” for ensuring the enforceability of the prenup, we recommend that the prenup is executed at least thirty days before the wedding. Make sure to allow plenty of time for the attorneys to draft, review and circulate the document!

Some clients are surprised to learn that one lawyer can’t represent both parties in the prenup process. Although it is not required that each party have an attorney, they must each have the opportunity to have independent counsel. Even the most straightforward prenuptial agreement should be drafted by an attorney representing one of the future spouses and ideally, reviewed by a different attorney who represents the other future spouse. The process is designed to ensure that both parties’ legal rights are protected and understood. Following this recommendation will increase the chances that the prenuptial agreement is upheld by the court in the event either spouse challenges it in a divorce action in the future.

The ideal prenup will also address each spouse’s rights upon death of the other spouse, because even the strongest marriage won’t survive death. A prenup will likely designate certain property as “sole and separate” and this designation will control regardless of whether the marriage ends in divorce or death. This means that you need to consider your estate plan along with your prenuptial agreement and be prepared to talk with your attorney about how you intend to dispose of your sole and separate property if death does you part.

Contact us to learn more about estate planning or prenuptial agreements.

Recent Posts

  • Can birth parents suddenly withdraw consent mid-adoption?
  • Why should older couples consider prenuptial agreements?
  • 3 legal documents couples often overlook before getting married
  • Why a Power of Attorney may be necessary for college-aged children
  • Can you adopt your adult stepchild in Arizona?

Archives

Categories

RSS Feed

Subscribe To This Blog’s Feed

Build A Stable Future With Our Caring And Practical Team

Answers to your questions about family law and estate planning are just an email away. Please complete the form below to begin a conversation with our dedicated staff.
Donaldson | Cunningham

Address

3100 West Ray Road
Suite 115
Chandler, AZ 85226
  Chandler Office Location

Telephone

480-792-9770

Fax

480-792-9771

Social Media

  • Follow
Review Our Firm

© 2026 Donaldson Cunningham, P.C. • All Rights Reserved

Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw