By agreeing that the debts remain during the marriage the exclusive and separate debts of the party that borrows such debts (and as long as the marriage agreement or notification of the pre-employment agreement with the county recorder is registered), third parties may not attempt to recover the debts of one spouse of the other spouse. In the absence of a marriage agreement, each spouse has the power to engage the conjugal community and a third party may, depending on the income or property of one of the parties, come and pay the community obligation. We can`t predict how your fiancé will react. You are more capable of answering than we are. Nevertheless, we believe that a tactful approach to asking someone to sign a marriage contract could help them to be more open, to approve you. There are many other ways to optimize this model and a specific plan can be developed by our experienced Arizona Prenuptial Agreement lawyers at Hildebrand Law, PC. We do not encourage anyone to enter into an agreement, including a marriage pact, to make one spouse destitute in the event of a divorce. Instead, we recommend that you consider your age, property, debts and merit and include appropriate provisions for assistance in the marriage agreement if it is clear that one spouse is in a much better financial position than the other spouse. We simply allow you to control the amount of this aid, unlike a judge. The Arizona Uniform Premarital Agreement Act controls how these agreements are established and the legal applicability requirements. ARS NR. 25-201. We do not recommend that brides-to-be try to design their own pre-marriage contract.
Mistakes are easy to make and the consequences could be devastating and lasting. Since one party could gain unfair advantages over the other, there are strict requirements to ensure fairness. Talk to your family lawyer. In Schlaefer/Financial Management Service, Inc., the Arizona Court of Appeal considered whether a pre-marriage agreement was binding on creditors. E. A question of the insularity of a pre-marriage contract is decided by the court.