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!
By now, many Arizona family lawyers have heard that the Arizona ban on same-sex marriages has been overturned by the courts. The recent District Court of Arizona decision acknowledges that the decision the 9th Circuit Court of Appeals reached earlier this month concerning the bans in Idaho and Nevada applied to Arizona's laws as well. (Read the full opinion here: http://documents.latimes.com/arizona-opinion-1017-2014/) But even as same-sex couples are lining up to receive marriage licenses, there are still legal questions which remain unanswered.