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Can I Get a Prenup in Arizona with Only One Lawyer?

Can you use just one lawyer for your Arizona prenup? Let's dive into the details and save you from legal headaches.

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Photo by Angga Pratama on Unsplash

Arizona's Take: Two Lawyers Are Better Than One

Arizona law doesn't explicitly say you need two lawyers, but trust us, it's like having a backup plan for your backup plan. Here’s why:

Conflict of Interest: Imagine trying to referee a game where you're also playing on both teams. Yeah, it doesn't work. A single attorney can't ethically represent both of you because, well, your interests might clash like a bad game of Jenga.
Enforceability Risks: If you use one lawyer, your prenup might end up being about as useful as a chocolate teapot. Courts could invalidate it if they think one of you didn't get proper advice or felt pressured to sign.
Fairness Protections: Separate attorneys ensure both of you understand what you're getting into. It's like having your own personal superhero to save you from any potential legal kryptonite!

What Happens If You Use One Lawyer?

If you decide to go with a single attorney:

Court Challenges: A judge might void the agreement if one of you argues you were misled or lacked independent advice. Imagine having to redo your entire prenup because of a technicality. Not fun, not time-efficient, and double the cost.
Ethical Violations: The attorney might face disciplinary action for trying to juggle both of your interests. It's like trying to pat your head and rub your tummy at the same time—just not gonna work!

Best Practices for Arizona Prenups (AKA How to Keep Your Sanity)

To ensure your prenup doesn't turn into a courtroom drama:

Hire Two Attorneys: Each of you should have your own lawyer to negotiate terms and review the agreement. Think of it as having your own personal pit crew for your financial future! With a First prenup, each partner is paired with a separate attorney. Those attorneys then communicate with each other to iron out any gritty details, saving you and your partner from any awkward dinner conversations.
Disclose Finances Fully: For a prenup to be enforceable, both parties must fully and accurately disclose their assets, debts, and income. Transparency is required —no hiding anything under the couch cushions!
Notarize It’s best practice in Arizona to notarize your prenup for enforceability. It's like getting a seal of approval from the state itself! At First, this is built into the process - no extra trip to the notary required!

The Bottom Line: While Arizona doesn't legally require two attorneys, using separate lawyers is the smart way to go. Protect your rights—and your sanity—by ensuring both of you have dedicated representation. At First, you and your partner will each choose a separate Arizona family attorney who will work one-on-one with you to address any concerns and tailor your prenup to you. It's like having a safety net for your financial future!

Disclaimer: This article is for informational purposes only and does not constitute legal advice.

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