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DraftmyLegalDocs   |  Blog   |  prenup
man and woman signing a prenuptial agreement
Author Jonathan Roeder Posted on

Top Reasons People Get Prenups

If you’re like most people planning a wedding, the last thing you’re probably thinking about is divorce. Unfortunately, many people avoid thinking about prenuptial agreements because they don’t want their special day shrouded in thoughts of how things might end. However, prenups are an important part of marriage planning for many reasons.

So, it becomes extremely important to answer the question, “Why would anyone want a prenup?”

In fact, it’s becoming more common for those who are entering a high-asset marriage to consider a prenup because they want to know that their assets will be protected in the event that their marriage ends. However, prenuptial agreements are for more than just the rich. A prenup can be for anyone who wants to protect their future.

What Is a Prenup?

A prenup, or a prenuptial agreement, is a legal agreement made between two parties before they get married. Its primary purpose is to protect any assets they may be bringing into the marriage and to help streamline the division of assets and other decisions made if the marriage ends. However, a prenup can protect more than just assets – marital agreements can serve many other purposes as well.

What Is the Main Purpose of a Prenup?

As mentioned, the primary purpose of a prenup is to help both spouses protect their assets if the marriage ends. That’s why, when drafting a prenuptial agreement, each party must list any assets they have before the marriage takes place. With a complete list of assets, the couple can then outline exactly how the assets should be handled or disbursed should the marriage end.

Assets typically include:

  • Bank accounts
  • Cash
  • Valuable property, such as jewelry, cars, or art
  • Retirement accounts
  • Real estate
  • Investments

What Are the Most Common Reasons Why People Get Prenups?

A man looking for a prenup website

There are many reasons couples obtain prenups or other types of marital agreements. Prenups can not only outline how assets should be handled in the event of a divorce, but they may also include other terms. For example, they may include a lifestyle clause that would take into account infidelity or custody agreements for children and pets.

It’s important to recognize that many people, not just wealthy individuals or people seeking second or third marriages, can benefit from prenuptial agreements. Here are some of the most common reasons couples get a prenup.

To Protect Their Current Assets

Possibly, the most common reason for a prenup is to protect any assets you have before the marriage. This is especially useful for people who are wealthy or have amassed a number of personal assets before the marriage. The prenup may specify which assets must remain personal assets or exactly how assets should be divided in the event of a divorce. A prenup can prevent one spouse from losing important assets in divorce and also keep couples from spending extensive time fighting over property in court.

To Protect Any Future Assets

While people anticipating marriage are typically concerned about protecting what they currently have, a prenup can allow you to protect any future assets as well. Consider the cautionary tale of Jeff Bezos, who famously did not have a prenup in place that protected his future assets and lost half of his wealth in his divorce. A prenup can ensure all future assets are divided how you and your spouse see fit at the time of your marriage, which can be especially helpful for younger couples.

To Protect Income

Protecting future income is extremely important and can be viewed separately from assets like a home, a vehicle, or other property. Income can include hourly wages, salary, raises, bonuses, commissions, and even income earned from rental properties. Having a prenup in place can help you protect your wages should a divorce occur.

To Address Wealth Differences

Not all parties enter marriage on equal footing with one another. So, while prenups are often established to protect the wealthier party from losing assets in a divorce, they can also help to protect the lower wage earner. For example, you can include a lump wealth equalization payment in a prenuptial agreement or even address spousal support. However, keep in mind that prenups must be considered reasonably fair to both parties for them to be valid in the eyes of the court.

To Address Spousal Support

While you cannot use a prenup to pre-determine an amount for spousal support (otherwise known as spousal maintenance), you can address the possibility of spousal support in a prenup. This could mean waiving spousal support or stating whether or not each party could be entitled to spousal support before eventually allowing a judge to make the final payment decision. It can also allow you to place a limit on how long a spouse is obligated to pay spousal support. Whether you anticipate being the spouse paying support or the spouse receiving it, addressing spousal support can be a very important component of a prenup.

To Determine Financial Obligations

As a prenuptial agreement must take place before the marriage officially starts, it is especially useful for defining what financial obligations each party should have during the marriage. This can be useful if one party member earns significantly more than the other or if one party will have other obligations. A prenup can also define how financial decisions should be made if a couple experiences a dispute. Establishing these terms in writing before a marriage can prevent issues during the marriage.

To Safeguard Against Debt

In Arizona, debts accrued during the marriage are divided roughly equally during a divorce. Being left with debt can be a serious issue, especially if you had very little part in accruing it. Protecting yourself from your partner’s debt or protecting your partner from your own debt is a reason many people create a prenuptial agreement. It can define who is responsible for any debt brought into the marriage as well as debt acquired during the marriage.

To Protect a Business

Anyone who owns a business knows how important it is to protect it financially. Unfortunately, without a prenup, a business is often considered a marital asset and could be subject to division. With a prenup, you can protect your current business from division, as well as any future businesses that may be established after your marriage.

To Protect Gifts and Inheritances

Protecting Gifts and Inheritances with Prenup

Whether you have already or expect to one day receive a large gift from a family member or close friend, protecting these gifts can be a good reason to create a prenup. Gifts and inheritances given to one spouse are typically considered personal property, but those given to a couple can exist on shaky legal grounds. A prenup can ensure that these gifts or inheritances are divided or assigned according to your wishes should a divorce occur.

To Protect Your Heirs’ Inheritances

While inheritances are typically considered personal property during asset division, a prenup can help you define how you want to distribute your assets in the event of your death. Until you have an estate plan in place to outline who should inherit your assets, a prenup can help.

For example, when a parent brings children into a second or third marriage, there may be a question regarding who should inherit portions of the estate after that parent’s death. Without a prenuptial agreement or estate plan in place, there’s no guarantee that your assets will be shared with your children according to your wishes – instead, the court will assign assets to your next of kin as determined by the probate process. You can clearly define which of your heirs should receive assets and prevent probate court from making that decision according to Arizona law.

To Determine Placement of Pets

For many individuals, determining who should receive any pets at the time of divorce is an extremely important decision. Unfortunately, many people use pets as a bargaining chip in the same way they use children. Arizona considers pets either community or individual property depending on whether they were acquired during the marriage. That means you’ll want to draft a prenup to predetermine how you’ll place your pets after a divorce.

To Protect Your Social Image

In the digital age, your public persona is important, and an ex-spouse can easily post damaging information about you in a moment of anger. A prenup can help you protect your public image in the event of a divorce by establishing a penalty for posting humiliating images or words.

To Set General Expectations

As much as you may hope that you can communicate well as you face marriage, marriage involves many decisions that must be made by two people who are relatively new to handling the legal aspects of their relationship together. A prenup can help you outline the way you want to approach many major decisions that arise or at least ensure you begin thinking about how you want to handle decision-making during your marriage. If a divorce should occur, you will already be prepared to make important decisions using the guidelines you have set in place via the prenup.

To Make Divorce Proceedings Easier

Divorce can be a difficult and contentious situation for anyone. It can bring up very difficult feelings, and parties often risk making less than ideal choices in an effort to come to a quick resolution. With a prenup, parties can make all the difficult decisions early on so that the divorce process can continue smoothly. While no one wants to consider divorce before they get married, being prepared can help protect both parties’ interests and reduce stress levels.

To Ensure a Less Expensive, Quicker Divorce Process

With a prenup in place, expensive lawyers and extensive fighting will be less necessary. The prenup is a binding agreement between the parties and will generally be upheld by the courts as long as the prenup is valid. When there is no prenuptial agreement, you must often pay an expensive lawyer and spend a great deal of time and money litigating your divorce in court. With a prenup, you can mitigate these issues.

How to Get a Prenup

If you have decided to create a prenup, you may choose to hire a lawyer. This is a great option for many people, especially if there are significant assets in place. However, an attorney may not be the best option for everyone, especially if you already have a solid concept of your assets and exactly what you’d like to do with them before you get married.

Instead, consider a document drafting service like Draft My Legal Docs. Our qualified and experienced family law attorneys can draft a variety of family law documents, including a prenuptial agreement, allowing you to utilize the prowess of a skilled attorney in a manner that fits your budget. Our prenuptial agreements are drafted after a personal consultation with you and your future spouse to ensure they fit your situation, meet your needs, and will be considered valid in an Arizona court.

Draft Your Prenup Today

A man and woman signing a prenuptial agreement document

If you are anticipating marriage and any of the above categories are a concern to you, now is the time to get your prenup underway. Keep in mind: a prenuptial agreement isn’t the taboo topic it once was, and it doesn’t have to mean that you and your partner are assuming your relationship will end in divorce. In fact, a prenup can actually free you from the most difficult decisions you and your spouse can face later, strengthening your marriage and protecting you both. It can help set expectations now, so difficult conversations don’t have to lead to relationship-ending arguments later.

The qualified attorneys at Draft My Legal Docs are here to help you draft a personalized prenuptial agreement so that you and your partner can enjoy your marriage without the looming concerns of what could happen if your marriage should end.

Let us help take the guesswork out of your marriage from beginning to end; trust Draft My Legal Docs with your prenuptial agreement today.

Guide to Prenuptial Agreements in Arizona
Author Jonathan Roeder Posted on

The Beginner’s Guide to Prenuptial Agreements in Arizona

Creating a prenuptial agreement in Arizona can save you. Think of it this way: setting yourself (and your spouse) up for your future is a much more vital component to preparing for marriage than picking out the perfect cake and venue. Having a prenuptial agreement in place can help protect both parties in the event of an unexpected divorce.

How Does Arizona Define a Prenuptial Agreement?

While you’ve probably heard the word prenup or prenuptial before, it’s important to understand precisely what a prenuptial agreement is. Keep in mind that a prenup may also be referred to by other names, such as  a premarital agreement. As the terms imply, these types of agreements must be made before marriage.

In the state of Arizona, a prenup is a contract created by a couple before marriage in which they settle issues about their assets in the event of a future divorce. While it may not be the most romantic part of any wedding planning, it’s essential for those with complex assets and property holdings, as well as those who want to protect their future livelihood. In general, the goal of a prenuptial agreement is to declare which assets should be assigned to whom before the marriage so that there are no issues or misunderstandings should the marriage later dissolve.

What Can Be Included in a Prenuptial Agreement?

What Can Be Included in a Prenuptial Agreement?

Many types of assets can be addressed by a prenuptial agreement.

Some of the important asset types that should be included in a prenuptial agreement include:

  • Investments and Bank Accounts — This is the most basic asset type that should be included in any premarital agreement. It’s important for those entering a marriage contract to seek premarital financial counseling to determine the ideal distribution of financial assets should the marriage end.
  • Furniture and Household Items — Any valuable, tangible property that either spouse will bring into the marriage or purchase during the marriage should be addressed in a prenup.
  • Businesses and Professional Practices — Businesses owned by either spouse or the couple can be protected with a prenup. Generally, businesses owned by a single spouse before the marriage are considered separate property, while co-owned businesses must be divided during divorce; however, creating a prenup enables you to set future expectations for your business should the marriage end.
  • Alimony or Spousal Maintenance — Prenups can address whether either spouse should or should not receive spousal maintenance if the marriage ends. However, spouses cannot designate a specific dollar amount of spousal maintenance in a prenup.
  • Vehicles – While prenuptial agreements often neglect to include vehicles, couples can decide whether to protect vehicles with a prenup.
  • Debts — It is incredibly important to organize debt before marriage. Should one member die or become incapable of decision-making, it’s entirely possible that debt collectors could try to seize the remaining spouse’s assets to pay the debt. With a prenuptial agreement, both parties can shield assets from the debts of the other partner.
  • Personal Property — This category can include a number of asset types, including collectibles like sports memorabilia, artwork, collections, antiques, or musical instruments. Creating a prenuptial agreement can help ensure that personal property remains yours in the event of a divorce.
  • Miscellaneous Provisions — A prenuptial agreement can include other provisions, as well. These typically involve attorney’s fees in the event of a disagreement, asserting that nothing other than what has been agreed upon in the prenup has been promised and relinquishing any such assertions made against the other spouse.

Why Get a Prenuptial Agreement?

There are a great many reasons a couple should obtain a prenuptial agreement. Distinguishing community property and separate property is incredibly important during Arizona’s divorce proceedings because it helps determine how assets are distributed to the spouses. A prenuptial agreement can clarify these decisions and help protect assets from division or redistribution during the divorce. Prenups also help determine who has control over any assets within the marriage.

A prenuptial is often essential for determining whether spousal maintenance will be awarded to one spouse if a divorce occurs. It can also affect how spousal maintenance will be distributed after a divorce. Prenups may help determine how life insurance benefits will be distributed in the event of the death of either spouse and consider any wills, legal arrangements, or trusts that exist when either party enters the marriage.

Finally, not only does a prenuptial agreement protect both parties and their existing property in the event of a divorce, but it also helps reduce the impact of an expensive and drawn-out divorce by making several important decisions well in advance. Divorces can become costly very quickly, especially if they require lengthy litigation. Creating a prenuptial agreement can minimize the length of divorce proceedings.

Who Should Get a Prenuptial Agreement?

Prenup statistics say it’s getting more common. While it may seem like drafting a prenuptial agreement is the same as expressing doubt that the marriage will last, it is simply a proactive step protecting both spouses if the marriage ends.

Anyone can benefit from a prenuptial agreement, but if you fit one of these categories, creating a prenuptial may be even more beneficial:

  • Either you or your spouse has substantial or complex assets
  • Either you or your spouse expects to receive a substantial inheritance
  • Either you or your spouse owns or co-owns a business
  • Either you or your spouse has children from a prior relationship
  • Either spouse holds significant debt
  • One spouse has far more assets than the other
  • One spouse is much older than the other
  • One spouse is unable to work whether due to age, physical or mental condition, or retirement status
  • One spouse is funding the education or career training of the other

How to Implement a Prenuptial Agreement in Arizona

Implement a Prenuptial Agreement in Arizona

In order to create a valid prenuptial agreement in the state of Arizona, it’s important to understand some key Arizona requirements.

Here are the most critical aspects to consider:

  • A prenuptial agreement should be signed well in advance. Ideally, the spouses will create and sign the agreement well before the wedding day. It will not become valid until the marriage occurs.
  • The agreement must exist in writing. A valid prenup cannot be a verbal or handshake agreement.
  • The agreement must reflect reasonable community and personal property disclosures and treat both parties fairly under Arizona law. In other words, it should benefit both parties.
  • Both parties must sign the agreement voluntarily and have it witnessed by a notary public.
  • The agreement cannot adjust marital rights within the contract. Decisions like child support and custody made within a premarital agreement can invalidate the agreement.

To create a legally valid Arizona premarital agreement, begin with an Arizona prenuptial agreement form. A legal form enables you and your spouse to move forward with creating a prenuptial agreement without individual representation from your respective attorneys while still ensuring the above requirements have been met.

Can Prenuptial Agreements Be Modified?

While you may create many drafts of your prenuptial agreement as you discuss its terms with your spouse and/or your legal representation, once the agreement has been signed and notarized, it is a legally binding document that will be upheld by the courts unless it is declared invalid at a later date. Therefore, changing its terms after it has been signed would be considered a breach of contract.

Before you sign your agreement, you can prevent a breach of contract by adding a provision to allow changes in the future, should conditions or circumstances change. Once you and your spouse have signed the agreement and marriage occurs, it is too late to add this provision. At this point, instead of altering an existing prenuptial agreement, you must create an entirely new postnuptial agreement with the new terms. Postnuptials must meet the same validation requirements as prenuptials.

Prenuptial Agreement Mistakes

While creating a prenuptial agreement can be simple, DIY prenuptial agreements are discouraged. This is because many people make mistakes while drafting, signing, or finalizing the agreement, and prenuptial agreements that do not adhere to Arizona guidelines will not be upheld by the court. In addition, many other people make the mistake of relinquishing their ability to protect their property while creating the prenuptial agreement, which can mean the agreement is more beneficial to their partner.

Common mistakes while creating a prenuptial agreement include:

  • Signing the prenuptial agreement under duress. When one spouse feels forced into signing a prenuptial agreement (or the other spouse demands compliance during the signing), the agreement is not valid. The parties should agree on the terms well in advance and sign voluntarily.
  • Creating an unfair prenuptial agreement. When one spouse’s benefits from a premarital agreement so grossly outweigh the other’s that the agreement is considered unconscionable, an Arizona court will likely invalidate the agreement.
  • Misrepresenting spousal assets and debts. If one spouse hides or misrepresents their assets and debts, the prenuptial agreement can be neither fair nor reasonable and will likely be invalidated.
  • Creating a prenuptial agreement that addresses child support or custody. Prenuptial agreements cannot deny, modify, or pre-plan child support and child custody rights or obligations. A judge is not likely to enforce this provision.
  • Drafting a spousal maintenance provision that makes the spouse eligible for state assistance. While prenuptial agreements can either waive or adjust spousal maintenance, a judge will not approve an agreement that waives spousal maintenance and shifts the responsibility for spousal support to the state.
  • Signing a prenuptial agreement while intoxicated or incompetent. If you or your spouse signs the agreement while using drugs or alcohol or while determined mentally incompetent, a judge will not uphold its contents.
  • Using only one spouse’s attorney to create the agreement. If you elect to use an attorney to create a prenuptial agreement for you, both spouses must procure their own attorneys to ensure fairness. Otherwise, one spouse holds a clear power advantage over the other.

Arizona Prenuptial Agreement FAQ

Prenuptial Agreement FAQ

Prenuptial agreements are among the most common legal documents we draft.

Here are some frequently asked questions we receive regarding prenups:
(Click the plus (+) to open the answers)

Q: Why Do People Get Prenuptial Agreements?

A: There are a few different reasons people consider creating prenuptial agreements. Primarily, these agreements protect both parties entering the marriage. They can help both parties understand what assets are being brought into the marriage and help each retain those assets should a divorce occur. Additionally, prenuptial agreements help reduce the time a divorce spends in litigation.

Q: What Are the Benefits of Having a Prenuptial Agreement?

A: Discussing a prenup may seem like a taboo, but the benefits speak for themselves. In the event of a divorce, a prenuptial agreement will prevent disagreements over the distribution of assets and debt. Decisions about property division and more can be made in a way that is cordial and considerate before the bad feelings a divorce can inspire. A prenup can protect not only your business but also any financial interests that you had before the marriage.

Q: Do Both Spouses Need an Attorney for A Prenup?

A: You do not need to hire an AZ attorney to create a prenuptial agreement if you use a professional legal document service. If you do choose to use an attorney, it is incredibly important for both spouses to secure their own attorneys. If both parties do not have legal representation, the party with the attorney has an unfair power advantage over the party with no representation. It’s possible that the courts may reject a prenup created by one spouse’s attorney.

Q: How Do You Ensure That Each Party Is Aware of Assets and Debts?

A: A prenuptial agreement is the best way for both parties to be aware of the other’s debts and assets before getting married. Because financial disclosures made in a prenuptial agreement must be fair and reasonable, the financial standing of both parties must be revealed. In this way, prenups work to protect both parties.

Q: What Terms Should Be Present in a Prenuptial Agreement?

A: Prenuptial agreements outline a variety of financial and physical assets that the parties will retain after a divorce, should one occur. Some of these assets include furniture or household goods, debts, investments, life insurance policies, potential bonuses or raises that parties may achieve in their employment, collectibles, vehicles, and more. This is not a complete list, but it is meant to demonstrate that a large variety of assets may be included in a prenuptial agreement.

Q: How Much Does It Cost to Get a Prenuptial Agreement in Arizona?

A: Drafting a prenuptial agreement can cost a great deal of money, depending on the route that the parties decide upon. Working directly with one attorney for each spouse will certainly be costly. However, you can access affordable prenuptial agreement services, so you have a premarital agreement in place at a reduced cost.

Q: Can the Terms of My Prenuptial Agreement Be Changed?

A: The terms of a prenuptial agreement must be outlined before the marriage date, then signed and notarized once the marriage is final. Once the prenuptial has been signed by both parties and notarized, the prenuptial cannot be amended without a signed provision from both parties. Provisions should be added to any prenuptial to allow for changes after a marriage has taken place. In most cases, a postnuptial agreement is necessary after the marriage takes place.

Q: What Happens If I Divorce Without a Prenuptial Agreement?

A: A prenuptial agreement helps protect both parties so that they can retain any assets they bring into a marriage. Without a prenuptial agreement, any financial and physical holdings will be subject to the equitable division of assets under Arizona state law. In the absence of a prenuptial agreement, the parties risk losing access to certain properties they would have protected with a prenuptial agreement. Divorce can also become incredibly costly due to drawn-out litigation without a prenuptial agreement.

Begin Drafting a Prenuptial Agreement

Drafting a Prenuptial Agreement

While the assistance of an attorney can be extremely helpful, you may have enough understanding of your assets and knowledge about the division process to begin drafting a prenuptial agreement. Legal document services can help save you the time, stress, and money necessary to draft a prenuptial agreement with a team of attorneys. Better yet, you’ll still have the peace of mind that comes with knowing that your prenuptial agreement is being handled by professionals.

Our licensed attorneys personally draft and approve all legal documents, allowing you to secure the know-how of an attorney without the expense of a law firm. If you’d like more information about our affordable AZ prenup document services or assistance with any other legal document, contact us.

Prenuptial Agreement
Author Jonathan Roeder Posted on

Prenuptial Statistics 2022

Prenuptial agreements, more commonly known as prenups, are becoming increasingly more common, especially here in Arizona. Prenups are incredibly helpful legal agreements future partners can draw up together before getting married.

What Do Prenups Do?

In one sense, divorce in America has been on a steady decline for the last two decades, falling from a high of 4 divorces per 1,000 people to 2.3 in 2020—though the COVID-19 pandemic may have skewed numbers in that year.

However, the number of divorces per the number of marriages has stayed fairly steady. As a result, people are frequently anxious about what could happen if their marriage were to end. In particular, many people worry about what may happen to their assets and finances if they should divorce. A prenuptial agreement can help to ease some of that anxiety by making some essential decisions before divorce does occur.

Some of the most important things a prenup can do include the following:

Pre-Arrange Financial Matters

Many couples decide to get a prenup to protect their finances as well as set expectations for how their finances will be handled throughout their relationship. A prenup can outline, for example, if the couple will be using a joint bank or savings account. This helps to prevent conflict about how money is spent and shared. Some people also use their prenups to detail how assets and debt will be split if they are acquired during marriage, especially if the intent is to divide them in a way that does not align with Arizona community property guidelines.

Assign Separate Property Before Marriage

One of the most frequent worries partners experience, especially if it’s not their first marriage, is losing property they had before they got married. Because Arizona follows community property laws, everything acquired during a marriage is subject to equal division in divorce. A prenup can preempt this property division by outlining “separate property,” or property that was owned by each person before the marriage. This way, if one partner enters the marriage with valuable assets, a prenup can prove that it was owned individually before the marriage occurred.

Protect Partners Individually

Prenups can protect a variety of assets, physical property, finances, children, inheritances, and more. However, prenups can provide a great deal of protection for both parties involved, regardless of their personal wealth before the marriage. For a prenuptial agreement to become legally enforceable, it must be fair to both partners. For example, prenups can outline spousal support obligations to support a lower-earning spouse who may have left their job or stopped career training to care for children. The best part about prenuptial agreements is that they can be crafted to fit you and your partner’s unique wants and needs, no matter your financial situation.

Protect Children

Another important property of a prenup is that it can be used to protect children. Many partners seek prenups to make sure that any children they have during the marriage will continue to be supported by their wealthier partner after a divorce. People that have children from previous marriages may worry about protecting their children financially in the event of a divorce. A prenup can help to outline aspects such as spousal support and potential child support as well as detail important assets that may belong to the children. For example, a prenup can protect your child’s future inheritance by stating it goes directly to them.

The Benefits of Using a Prenup

The Benefits of Using a Prenup

Getting a prenup with your partner before you get married comes with a great deal of benefits, including:

Ensures Fairness

Sometimes, when a marriage ends poorly, the divorce process can be long, emotional, and difficult. Many people deal with consistent disagreements with their soon-to-be-ex-partners and find themselves in prolonged divorce litigation to settle each of them. A prenup can not only help with these disagreements, but it will also ensure that your assets are divided fairly as the divorce is finalized. Community property laws state that everything that was acquired during a marriage must be split equally. A prenup can help you ensure that you define separate property in advance and protect both spouses regardless of their earnings during the marriage.

Makes Divorce a Bit Less Complicated

Getting divorced is never easy, whether or not the relationship is ending on good terms. Having a prenuptial agreement in place can help make the process smoother and less stressful for all parties involved. When drafting a prenup, both parties can express their needs, expectations, priorities, and more. If a divorce does occur, many of the most complicated aspects of separation have already been addressed.

Provides Peace of Mind

Whether it’s your first marriage or your third marriage, a prenuptial agreement can help provide both partners with some peace of mind before, during, and after the marriage. Many people are afraid of losing critical assets if a marriage ends, which is why a prenuptial agreement can lessen some of that anxiety. As mentioned, outlining the division of assets ahead of time can provide much-needed peace of mind no matter the success of the marriage.

Current Divorce Rates

In 2020, over 1,600,000 marriages occurred across the country. As of 2021, the national divorce rate of the United States moved to just above 40%. For the past decade, that number has varied between 40-50%, meaning that almost half of marriages in the US ended in divorce during that time. For people in a second or third marriage, these rates often jump even higher.

According to the CDC’s latest report on marriages and separations, roughly 2.3 out of every 1,000 people are currently divorced in America. These figures can seem daunting for many couples, especially those who recently married and are hoping for the best. The divorce rate is consistently cited as a factor contributing to the growing use of prenuptial agreements around the country.

In Arizona, the marriage rate sits below the national average, at 4.9 weddings for every thousand people. This rate appears to be falling in recent years, and is currently 34th in the nation. By contrast, Arizona ranks 11th for total divorces, though the divorce rate per thousand people is on par with the marriage rate in the state.

Divorces in Arizona
Source: Strictly Weddings

Prenuptial Statistics

Prenuptial agreements can provide a sense of security for couples embarking on a marital journey, especially regarding their financial futures. While prenuptials aren’t as commonly used as you might think, they are becoming more common. Here are some statistics regarding the current use of prenups in the US and here in Arizona.

National Prenuptial Statistics

  • While prenuptial agreements can be incredibly helpful, it has been found that they are only used in about 10% of marriages.
  • Just over 10% of people believe that there is a possibility their marriage might end, despite consistently high divorce rates.
  • Almost 50% of unmarried people believe prenups can be helpful.
  • Despite their beneficial properties, most people polled had negative connotations regarding asking for or drafting a prenup
  • 63% of people said they would feel intimidated or at a higher risk for divorce if their partner asked them to sign a prenup.
  • Roughly 15% of people who were recently divorced wished they had crafted a prenuptial agreement.
  • Over 50% of divorce lawyers noted that they’ve seen an increase in demand for prenuptial agreements.
  • More people are getting married later in life, which may contribute to the rising use of prenups in America.
  • Drafting a prenuptial agreement is much less expensive than going through litigation and lawyers because of disagreements in a divorce.

Arizona Prenuptial Statistics

  • As of 2020, the divorce rate in Arizona was higher than the national average.
  • In 2020, Arizona had the 23rd highest divorce rate in the country. In 2022, it is now 14th.
  • As of 2022, roughly 12% of people in Arizona were divorced.
  • Arizona’s divorce rate sits at 2.9 people out of every 1,000 people according to a 2020 report by the CDC.
  • In the past 2 years, Arizona has also recorded some of its lowest marriage rates in decades.
  • In Arizona, only around 5% of people have created or used prenups.
  • However, in the past few years, Arizona has experienced a gradual increase in the creation of prenuptial agreements.
  • Because Arizona is a community property state, most people who created prenups to define separate property report being happy they did so.

Arizona Prenuptial Statistics

Help You Can Trust For Prenuptial Agreements in Arizona

Drafting, creating, and implementing any form of legal document is not an uncomplicated process, especially if you have minimal legal experience. However, retaining an attorney is not always feasible, especially in the time leading up to an important event like a marriage. Here at Draft My Legal Docs, our legal experts specialize in writing and reviewing legal documents of all types, including prenuptial agreements.

Our team of licensed attorneys can not only help you prepare and create a draft of your prenup, but also assist you throughout the filing process to prevent any issues from arising. Marriage, divorce, and the documents that come along with them are complex, so let Draft My Legal Docs help you through it. To learn more about our services and how we can assist you, contact our team today.

Sources

  1. https://time.com/nextadvisor/in-the-news/why-you-need-a-prenup/
  2. https://www.mediate.com/prenuptial-agreements-what-do-the-statistical-trends-say-2/
  3. https://pub.azdhs.gov/health-stats/menu/info/trend/index.php?pg=marriages
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