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Donaldson | Cunningham
  • Home
  • About
    • Monica H. Donaldson Stewart
    • Benjamin H. Cunningham
    • Logan Smith
  • Family Law
    • Divorce
    • Mediation
    • Prenuptial Agreements
    • Adoptions And Termination Of Parental Rights
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    • Collaborative Divorce
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    • Legal Decision-Making Authority And Parenting Time
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    • Living Trusts
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  5. 3 legal documents couples often overlook before getting married

3 legal documents couples often overlook before getting married

by [email protected] | Jun 9, 2026 | Estate Planning

You have booked the venue, set the guest list and circled the date on the calendar. You have thought through nearly every detail. However, you may have overlooked one short legal checklist that matters more than you realize. These are intentional steps that align the law with the life you are actually building together.

Opting out of Arizona’s default financial plan

Arizona follows community property law. Under this framework, the state treats income and assets acquired during marriage as belonging equally to both of you. This applies even when an account carries only one name.

If you both bring established careers, separate financial accounts or a business into the marriage, that default framework may not reflect your actual intentions. A prenuptial agreement replaces the state’s one-size-fits-all rules with terms you and your partner design together. In Arizona, you must execute this agreement before the wedding to qualify as prenuptial.

When your spouse still cannot access your accounts

You may assume that marriage gives you full legal authority over each other’s finances. In Arizona, that assumption may not apply. Without a durable financial power of attorney, your spouse may not be able to manage your individual accounts, investments or real estate if you become incapacitated.

State law requires specific language for this authority granted in a power of attorney to survive incapacity. Without it, a court-appointed conservatorship might become the only path forward. The conservatorship process can be slow, costly and public. A durable financial power of attorney can help close this gap entirely.

Making your medical wishes legally clear

If something unexpected happens, who holds legal authority to make medical decisions for you? In Arizona, medical decision-making follows a priority list when no formal directive exists. Your spouse typically ranks first, but that list does not account for your specific treatment preferences.

An advance directive addresses this in two parts. A living will records your preferences, while a healthcare power of attorney designates who acts on them. This document ensures your preferences stay in your hands, no matter the circumstances.

A stronger start than “I do”

Each of these documents replaces a legal default with a decision you and your partner made together. Taking this step before the wedding means you enter marriage with real clarity rather than assumptions.

In Arizona, community property rules and specific statutory requirements shape many financial and medical decisions. That legal context makes this kind of preparation more valuable than you might expect.

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