Scottsdale Postnuptial Agreement Help

Sometimes, when people marry young, they don’t have much in the way of assets and income. Therefore, it doesn’t always seem necessary at first to have a postnuptial agreement or any kind of marital agreement. Unfortunately, while everyone dreams of a marriage that will work out without the need for these agreements, that’s not always the case.

Over time, people can grow apart, and circumstances change. At the same time, they’re accumulating assets, building a successful life, and starting to wonder if they need to be protected in the event that something changes. After all, Arizona is a community property state, which means that if there are no agreements in place, everything is considered “community property” or shared by the spouses, and therefore will typically be divided equally among the two parties.

Protection in the form of a postnuptial agreement could be just what you need and you can get that with the assistance of a Scottsdale postnuptial agreement lawyer.

What is a Postnuptial Agreement?

This is a legal arrangement created by a couple after they get married (hence “post” instead of “pre”). The agreement is designed to outline ownership of property and assets, as well as to outline boundaries within the marital relationship in regards to finances, assets, and even family matters. From making sure that one spouse doesn’t get all the money to getting custody of the family pet, people create these agreements for all kinds of reasons.

This agreement can be a useful tool in the event of separation or divorce. Otherwise, the court will be responsible for dividing the assets and since Arizona is a community property state, the goal of the judge will be to divide assets fairly, not based on what each spouse earned, deserves, or stakes a claim to.

A postnup will allow each spouse to stake that claim on any assets they desire. For example, if one spouse had a savings account from an inheritance that they want to save for their children’s education, they can include it in the postnup so that it is off limits for property division and remains fully theirs.  

Scottsdale Postnuptial Agreements vs. Prenuptial Agreements

As the names would elude, these agreements are actually quite similar except for one main element: when they were created. The prenuptial agreement is the one that is drafted and signed by both spouses before marriage. A postnuptial agreement is created and signed after the couple has married. Both agreements help create a plan and control of assets and property, but they also hold different weight.

In Arizona, postnuptial agreements are subject to more scrutiny because they take place after the marriage has occurred. Like other marital and legal contracts, they may need to be reconsidered by the court if the circumstances change. On the other hand, a prenup is actually considered established law in the state of Arizona, so they’re easier to enforce even when there are disputes.

Who Can Create These Agreements?

These agreements can be created by either spouse, but they must be signed and agreed to by both parties. Couples may also choose to have a family lawyer draft a prenup or postnuptial agreement for them by providing the attorney with a list of assets or boundaries that need to be included. Letting a lawyer write or assist with these agreements ensures that the laws are enforceable and that the agreements meet state guidelines so that there’s less likely to be an issue when it comes to court.

Even people who don’t have a lot of assets may desire to create postnuptial agreements for one reason or another. Essentially, anyone who wants to make sure that certain things don’t change after divorce or separation, can rely on a postnup if they didn’t sign a prenuptial agreement before entering into the marriage.

What Can the Postnuptial Agreement Include?

In Scottsdale, postnuptial agreements can only cover three main categories:

1. Alimony (spousal support)
2. Division of Financial Assets and Debts
3. Property and Asset Division

This includes several of the issues discussed above, but can be anything within these realms that either spouse wants to spell out clearly in case of a divorce. More importantly, postnups cannot be used to dictate:

• Family law matters
• Custody issues
• Employment matters or circumstances

It’s best to work with a Scottsdale postnuptial agreement lawyer to create a valid agreement that both parties can sign and feel good about. That way, everyone will know that the agreement is legally binding and there will be less of a risk of challenges when the postnup needs enforced.

Challenging the Postnuptial Agreement

Separation and divorce aren’t amicable for everyone. There could be various circumstances that occur that create animosity, distrust, and bad blood between the spouses. Therefore, they may decide to challenge a postnup when it comes time for divorce, or even at another point in the relationship. If this happens, the courts may need to step in to discuss the circumstances and mediate the case. That’s why it’s best for both couples to have a lawyer on their side at all times.

Also, just because a spouse challenges an agreement doesn’t mean that they will win their case. The judge has to review the information and determine what he or she believes is “fair” based on the original agreement and the current circumstances of the relationship and the assets between the couple. This can be a lot of back-and-forth, and unnecessarily so, in many cases. Creating a strong postnup will ensure that even if circumstances change, it still holds up and both parties get what they wanted with less court intervention.

Hire a Scottsdale Postnuptial Agreement Lawyer Today

At Modern Law, we cover all areas of divorce law for Scottsdale and beyond, including handling postnuptial agreements. We can assist with their creation for your protection during marriage or even offer help mediating the agreements and overcoming the challenges of the other spouse, and so much more. Call the experienced team at Modern Law at (480) 571-0346, or visit our offices at 8707 E. Vista Bonita, Suite 155 in Scottsdale today.