Pursuant to state law, a marital agreement is a contract that can be entered into by both parties when they consent to all its terms. The agreement is acknowledged by both parties providing their signatures, which often must be notarized on a document outlining the agreed-upon terms.
Popular topics that marital agreements address include parenting time with any children that the parties share and the division of assets, such as residences, vehicles, and debts. Spousal contracts can also cover child support, attorney’s fees, and alimony, as well as outline how retirement or bank accounts will be divided.
Marital contracts are common among parties who are willing to compromise. Individuals who can agree on various issues amongst themselves and who are represented by reasonable, cooperative attorneys might find themselves enjoying the benefits of marital agreements in Mesa.
Expediting a Divorce
The primary benefit of entering into a marital contract in Mesa while a couple is still legally married is that it can expedite a divorce. The process or certain terms of the contract can be objected to, but after it is signed by both parties and filed with the proper authorities, a divorce can be initiated and finalized in little as 61 days in Mesa.
After a marital agreement is filed, an individual can file a petition for divorce to be presented to the other party along with service documents. A consent decree mirroring the spousal contract can then be filed 61 days after the date that the petition was filed. Upon the legal system’s acceptance of the consent decree, the parties will be divorced. The costs associated with this process are often minimal, depending on filing fees.
Parties involved in a contentious divorce could find themselves embroiled in expensive litigation that could last for years and cost thousands of dollars. Spousal contracts allow couples to close one chapter of their lives and move forward as quickly as possible, saving both parties time, money, and emotional distress.
Retaining Control over Your Life
People choose to enter spousal contracts because they can provide them with greater control over how their assets and families will be managed going forward after a divorce. When couples allow the court system to separate their lives, they are relying on a third party who knows nothing about their everyday lives or obligations.
Many individuals have a strong desire to settle their case in order to maintain control over the process and its outcome. If the parties can approach the terms of their agreement in the spirit of compromise, their chances of successfully crafting a sensible contract are increased.
Speedy Legal Process
One of the advantages of spousal contracts in Mesa is that they can be formalized relatively quickly. Before the document can be drafted, both parties will meet with their attorneys separately to discuss their requirements for the terms of the agreement.
After that meeting, another appointment will be scheduled where both parties and their attorneys can communicate and negotiate their positions on the terms of the contract. The marital agreement can be drafted and ready to sign approximately one week after that appointment, as long as compromises can be reached between the attorneys and neither party changes their position in the interim.
Ask an Attorney about the Benefits of Marital Contracts in Mesa
An attorney’s motivation can color their client’s perception of their circumstances. One of our experienced lawyers can help you through this process by encouraging reasonable compromises between you and your spouse, staying focused on your family’s needs, and providing practical legal counsel.
When you retain legal representation from our firm, you can expect realistic, expert advice about how to most efficiently and effectively move through the separation or divorce process. Our skilled and well-practiced legal team will be dedicated to helping you take advantage of the benefits of marital agreements in Mesa, so call today to get started.