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Marital bliss: Why Valley couples should say yes to prenuptial agreements

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As autumn ushers in milder temperatures, wedding season in Arizona reaches its peak. The cooler weather creates an ideal backdrop for outdoor ceremonies, and as a family law attorney, I have witnessed numerous couples embarking on their marital journey.

While the excitement of wedding planning often takes center stage, it is crucial to emphasize the importance of thoughtful decision-making when taking this significant step in life. One aspect that warrants careful consideration is the prenuptial agreement.

With venues filling their calendars and florists working overtime, couples can easily become engrossed in the whirlwind of wedding preparations. However, I strongly advise couples to set aside time for a different type of planning — one that builds a foundation for a strong financial future together.

Many people believe prenuptial agreements are exclusively for celebrities and the ultra-wealthy. This notion is incorrect. Throughout my years of practice, I have observed how prenuptial agreements benefit couples from diverse economic backgrounds. 

A prenuptial agreement is simply a legal document that outlines how you and your future spouse will manage financial matters in the event your marriage ends. The purpose is not to anticipate divorce, it’s about protecting both partners and setting clear expectations from the outset.

Effective communication is fundamental in any relationship, and discussing a prenuptial agreement opens the door to important conversations about finances and future aspirations. I have watched couples discover shared values and align their visions for the future through these discussions. It provides an opportunity to be open about financial histories, including debts and assets.

One of the main benefits of a prenuptial agreement is asset protection. Whether you’re bringing a business into the marriage, have inherited family property or simply want to safeguard hard-earned savings, a prenuptial agreement can provide protection. It is not just about protecting what you have now, but also what you might acquire during the marriage. 

Another critical factor to consider is how your careers may change. Perhaps one spouse plans to support the other through graduate school, or one is contemplating leaving a job to start a business. A prenuptial agreement can address how these changes might influence financial responsibilities to each other.

Admittedly, discussing prenuptial agreements is not the most romantic aspect of wedding planning. However, in my experience, couples who engage in these discussions early often feel more secure and united as they start their married life. It is about being proactive and realistic, not pessimistic.

For those considering a prenuptial agreement, I recommend initiating the conversation early in the engagement. This approach provides ample time to contemplate options without the added pressure of imminent wedding planning.

As couples navigate this process, seeking professional guidance is crucial. Experienced family law attorneys can provide valuable insight into the complexities of prenuptial agreements. It is recommended that each partner retain separate legal counsel to ensure their individual interests are fully represented.

There are great online resources available to help understand prenuptial agreements and marriage laws in Arizona. The State Bar of Arizona website serves as an excellent starting point. Additionally, some local community centers and universities offer workshops on financial planning for couples — these can be invaluable resources as couples prepare for marriage.

Ultimately, a prenuptial agreement helps couples lay the groundwork for a marriage built on honesty, trust and mutual understanding. As couples plan their wedding day, it is equally important to plan their life together.

Editor’s note: Bryan Levy is founding partner at BTL Family Law in Scottsdale. Reader reactions, pro or con, are welcomed at AzOpinions@iniusa.org.

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