Prenuptial agreements are an important tool couples can use to protect themselves from financial loss in the event of divorce. As we've mentioned previously on this blog, though, it is important to take care when negotiating and drafting these agreements to ensure everything is done correctly. A careless prenuptial agreement won't do a couple any good and will only result in unnecessary costs and court appearances.
Under Arizona law, there are two general conditions under which a prenuptial agreement will not be enforced by a court. One of these is when a court determines that the agreement was not executed voluntarily. An agreement executed under duress or coercion does not represent a real agreement, and courts will not recognize them.