Premarital (Prenuptial) and Postnuptial Agreements
One of the most complicated areas of family law is the area regarding pre and postnuptial agreements. The reason that these agreements are complicated is the natural complexity and statutory requirements that must be met to make them enforceable. The last thing that a party wants is to sign a prenuptial agreement and then find out ten years later that it is not enforceable. Our Rose Law Group pc Family Law attorneys can prepare a premarital agreement for you and your soon to be spouse or participate in the review of a premarital agreement written by another family law attorney. We will assist you in determining all of your assets and debts and how you intend to keep property separate during your marriage to your future spouse.
Premarital Agreements are contracts between future spouses. They are intended to define how property will be divided in the event that the marriage does not succeed. They also define responsibilities during the period of the mortgage, such as payment of a mortgage on a residence acquired by one of the spouses prior to the marriage. They also normally include a provision relating to whether or not either of the spouses would receive spousal maintenance upon dissolution of the marriage, attorney’s fees and a variety of other items.
Prenuptial/Postmarital Agreement Frequently Asked Questions
What is a prenuptial/premarital agreement?
A premarital or a prenuptial agreement is an agreement entered into by a couple prior to their marriage which identifies and establishes which property is owned by which spouse. The agreement also sets forth how that property will be distributed in the event of a divorce. Such agreements might also include provisions regarding spousal maintenance, or alimony. It’s important for people to understand that a prenuptial agreement, or premarital agreement, cannot address such issues as legal decision making, parenting time and child support, as those things are prohibited to be addressed in a prenuptial agreement by Arizona law.
What is a postnuptial agreement?
A postmarital agreement operates generally the same as a premarital or prenuptial agreement. However, these agreements are entered into after marriage and require some sort of consideration, or something of value. Consideration is required in order for a postnuptial agreement to be valid and enforceable in the state of Arizona.
How does the process work?
An Arizona attorney can work with you in the process of drafting, negotiating, finalizing and executing your premarital or postnuptial agreement. I strongly recommend that both parties have competent and qualified representation in this process so as to ensure that the agreement will be upheld in the event of a divorce. Your Arizona attorney can help you identify your assets and debts and can help guide you through this very difficult process.
What does the process entail?
No premarital agreement, or postnuptial agreement, is ironclad. These agreements must be executed voluntary and free of duress. Secondly, in order for these agreements to be upheld, there must be full disclosure or both parties must voluntarily wave the right to have such full disclosure from the other party. Rose Law Group Arizona Family Law attorneys will ensure that your agreements comply with Arizona law, will be found to be valid and enforceable upon divorce, and will walk you through some of the pitfalls, making sure that all of the issues are addressed in your particular situation.
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