The validity of a prenuptial agreement depends upon certain factors. However, they are generally upheld within the State of Arizona. In general, the closer to the wedding date the prenuptial was signed, the greater than danger that it will not be upheld. If one side was represented by a lawyer and the other was not, or both sides were represented by the same lawyer, either party can argue he or she did not understand what was signed, and the prenuptial agreement may not be valid. If the parties failed to disclose their assets, the prenuptial can be attacked on that basis.
The greater the number of these factors in one case, the greater the chances a court may not uphold it.
Finally, a court may ignore provisions concerning custody and child support in favor of the standards of what is in the best interest of the child.