Mesa Marital Agreements Lawyer
Divorces are notoriously messy, emotional battles that leave estranged spouses embittered. This is especially true for cases involving children where divorce litigation can have a permanent impact on familial relationships. For these reasons, it is sometimes advisable to avoid divorce altogether.
One way to mitigate a potential divorce is to draft and implement a marital agreement with your partner. These agreements define the terms of a potential divorce and keep your future out of the hands of a judge. It is possible to create these agreements before or during a marriage as well as during a pending divorce.
You will need an experienced family law attorney to help form, draft, and submit these documents to a local court. Working together, you and your skilled Mesa marital agreements lawyer can work to protect your assets and secure your future in case of divorce.
Prenuptial and Postnuptial Agreements
Marital agreements are most commonly formed before the potential end of a marriage. For example, prenuptial agreements are entered into before a couple gets married. Many people choose to enter into prenuptial agreements to protect their assets in case their marriage ends in divorce. More and more couples are choosing to define their own future and opt out of the “system” that wasn’t created for them. These marital contracts can outline the distribution of assets, the assignment of debt, and whether either spouse can collect alimony payments.
Postnuptial agreements function similarly, but the parties would sign after they have already gotten married. These contracts only have a legal effect if a marriage ends in dissolution. According to Arizona Revised Statutes §25-202, a court can integrate postnup agreements into a final divorce decree.
However, a prenup or postnup agreement cannot determine the care and support of shared children. A dedicated attorney who has studied and drafted marital contracts could offer more insight about the varying types of legally binding agreements and their effects on a marriage. If you are in the East Valley of Phoenix, consider meeting with one of our Mesa marital contracts attorneys.
Marital Agreements During a Divorce
Parties to a divorce who share goals can enter into marital agreements even after litigation begins. Divorcing couples without a prenup or postnup agreement can still come to terms about how they want their marriage to end. A separation agreement can serve many of the same functions as other marital contracts.
Most divorces end before trial because both parties eventually reach a compromise about their property rights and alimony orders. A marital agreements lawyer in Mesa could help people to form separation agreements that serve to avoid complex and lengthy divorce trials.
Let a Mesa Marital Agreements Attorney Help Secure Your Future
Married couples share property rights and the ability to petition a court to issue an order for spousal support. Even so, a divorce proceeding can be unpredictable, and a judge’s decisions may leave both parties disappointed or bitter. The best way to retain control in case of divorce is to enter into a marital agreement. You can accomplish this before marriage with a prenup, afterwards with a postnup, or even after one spouse has already filed for divorce.
These agreements serve as legally binding contracts, and the courts typically integrate them into a final divorce order. A Mesa marital agreements lawyer could work to understand your goals, form the necessary paperwork, and argue for the legitimacy of your contract if your marriage ends in divorce.