Enforceability of Marital Agreements in Mesa
To ensure the validity of your marital agreement, an experienced and well-versed lawyer from our firm will thoroughly review the document regardless of who drafted it and confirm that the agreed-upon terms are accurately reflected. We will make sure that the document fully encompasses the agreement before it reaches you and your spouse.
Once you and your spouse review and acknowledge that you both agree with the terms as stated in the document, you will sign it before a notary for added certainty and submit it to the court for processing. It is important for the language of a marital agreement to comply with state laws.
We can help verify that the terms of your contract conform to current tax laws, spousal maintenance laws, and the like. Our dedicated legal team will be familiar with applicable laws and the enforceability of spousal contracts in Mesa.
Common Reasons for an Invalidated Agreement
The Mesa family court, located at 222 N Javelina Dr, may invalidate a marital agreement if one party alleges that their signature was forged if the document was not signed before a notary or if there is no form of written confirmation that both spouses agree to the terms. A spousal contract in Mesa may also be unenforceable if the proposed division of assets is grossly inequitable, even if both parties have signed it.
Debts and Financial Deficits
Certain debts cannot be waived or transferred to another party based on a marital agreement alone. If one party has debt associated with an account in their name, the creditor can hold the them responsible for the financial deficit regardless of who a spousal contract or consent decree names as the owner of the account.
Duress and Coercion
Local courts define duress as one party being intimidated or threatened into signing something that they do not agree with or would not have signed otherwise. Coercion is defined in Mesa as providing false promises or offering gifts to someone to convince them to enter into an agreement. One of our knowledgeable attorneys can help ensure that your marital contract is legally binding and enforceable.
Learn More about the Enforceability of Marital Agreements in Mesa
Our lawyers can ensure your contract is fair by working to obtain and evaluate relevant information about your assets, debts, and property. We will thoroughly research your and your spouse’s available resources and lifestyle so we can provide the best possible advice to ensure an equitable division of assets in your marital agreement.
Even when both spouses agree on the terms, they can still benefit from calling a steadfast lawyer who is familiar with the legal requirements associated with the enforceability of marital agreements in Mesa. A seasoned member of our team can provide expert guidance to those who might not be accustomed to the idiosyncrasies of the court system and its standards for legal agreements. Call our firm today to learn more about how to make a spousal contract legally binding.