Terms that can and cannot be included in a Prenuptial Agreement


Couples in Arizona often ask themselves the following question before entering into a marriage – What terms can and cannot be included in a prenuptial agreement?

This is a very common question, as most individuals often already have specific terms in mind before they begin to create their prenuptial agreement. Prenuptial agreements can include any term that is not unconscionable, criminal, or in violation of public policy. On the other hand, spouses cannot use prenuptial agreements to control child custody or child support issues. On the other hand, couples commonly use prenuptial agreements to define property interests, expenses, division of property and spousal maintenance.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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