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Prenuptial & Postnuptial Agreements
Gilbert, Arizona Prenuptial Agreement Attorney
Whether you're planning a marriage or strengthening one already underway, our Gilbert AZ prenuptial agreement attorney drafts clear, enforceable prenuptial and postnuptial agreements that protect your assets, your business, and your financial future.
Protecting what you've built, before and after the wedding
A well-drafted prenuptial or postnuptial agreement isn't about planning for a marriage to fail — it's about giving both spouses clarity and protection, whatever the future holds. As your Gilbert AZ prenuptial agreement attorney, we help you address property division, business interests, debt, and spousal support in clear, enforceable terms.
Arizona follows the Uniform Premarital Agreement Act, which sets clear requirements for an agreement to hold up: it must be in writing, signed voluntarily by both spouses, and each spouse must have had fair and reasonable disclosure of the other's financial situation before signing. Agreements that don't meet these standards — or that were signed under pressure or without proper disclosure — risk being challenged and thrown out entirely, which defeats the purpose of having one in the first place.
We also draft postnuptial agreements for couples already married who want to formalize similar protections. Every agreement is tailored to your specific assets and goals, and drafted to hold up if it's ever needed. Contact McWhorter Law Firm today to schedule a consultation.
What these agreements can — and can't — cover
A well-drafted agreement can address a wide range of financial matters, but Arizona law puts some issues off-limits:
Can cover: property and debt division
How assets and debts — including a home, investments, and retirement accounts — would be divided if the marriage ends.
Can cover: business and separate property protection
Keeping a business, inheritance, or property you owned before the marriage clearly identified as separate property.
Can cover: spousal maintenance terms
Whether spousal maintenance will be paid, waived, or limited if the marriage ends, within certain legal boundaries.
Cannot cover: child custody or child support
Arizona courts always retain authority over legal decision-making, parenting time, and child support based on the child's best interests at the time — these can't be predetermined in a premarital agreement.
Client Experiences
What our clients say
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They made an uncomfortable conversation feel straightforward and made sure both of us understood every term.
— Prenuptial Agreement Client
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Helped us protect the business we'd built together with a postnuptial agreement that gave both of us peace of mind.
— Postnuptial Agreement Client
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Thorough, clear, and never made us feel rushed through a decision that mattered this much.
— Prenuptial Agreement Client
Common Questions
Prenuptial & postnuptial agreement FAQs
Answered here in plain language, and marked up as FAQ structured data so these can surface directly in search results.
What can a prenuptial agreement actually cover?
A prenuptial agreement can address how property and debt will be divided if the marriage ends, spousal maintenance terms, protection of a business or inheritance, and how certain assets are managed during the marriage. It cannot decide child custody or child support in advance — Arizona courts always retain authority over those issues based on the child's best interests at the time.
Is a prenuptial agreement enforceable in Arizona?
Yes, provided it meets Arizona's requirements under the Uniform Premarital Agreement Act: it must be in writing, signed voluntarily by both parties, and each spouse must have had fair and reasonable disclosure of the other's assets and debts. Agreements signed under pressure, without proper disclosure, or that are unconscionable can be challenged and set aside.
What's the difference between a prenuptial and a postnuptial agreement?
A prenuptial agreement is signed before the wedding; a postnuptial agreement covers the same ground but is signed after the marriage has already taken place. Couples choose postnuptial agreements for many reasons — a change in financial circumstances, starting a business together, or simply deciding later that they want the same protections a prenup would have offered.
Do we both need our own attorney?
It's strongly recommended, and in some cases necessary for enforceability. Having independent legal counsel for each spouse helps demonstrate the agreement was entered into knowingly and voluntarily, which makes it far more likely to hold up if it's ever challenged.
Can a prenuptial agreement be changed later?
Yes. Both spouses can agree in writing to modify or revoke a prenuptial agreement at any time during the marriage, which is often done through a postnuptial agreement or a formal amendment.
Will a prenuptial agreement make my spouse think I don't trust them?
It's a common concern, but most couples find that working through a prenuptial agreement together — with clear, honest conversations about finances — actually strengthens trust rather than undermining it. We approach every agreement with that in mind.