Legal Question in Family Law in Arizona

In a divorce case which document would supercede? A prenuptial agreement signed in Illinios in 1991 or a community property agreement signed in Arizona in 2004. We currently reside in Arizona and have since 2004, we have three children two of which are still minors and all of the said property in the prenuptial agreement has been sold and co-mingled. The marriage lasted 18 years.


Asked on 10/16/10, 1:47 pm

1 Answer from Attorneys
Monica Donaldson Stewart Donaldson Stewart, P.C.

To the extent the agreements are inconsistent with each other, you could argue that the new agreement was intended to supersede the terms of the old agreement. It actually depends on the language of both documents.

I encourage to to speak with an attorney who can review the documents and help you determine your best course of action.

We offer a free initial consultation, so please call our office to schedule a time to speak with one of our attorneys regarding the details of your situation.

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Answered on 10/21/10, 2:54 pm


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