Getting married is a huge financial and emotional commitment and sometimes marriages just don’t work out. If you don’t come to an agreement on dividing assets, income and property, the local Mesa courts use community property regulations to equitably distribute marital assets. In other words, any assets that spouses acquire during their marriage are the equal property of both. If their marriage was to dissolve, a court would presume an equal split.
However, this procedural outcome may not be in the best interests of both spouses. Perhaps you are the sole proprietor of a small business, or you have recently inherited your parents’ home. In situations where spouses wish to clarify each other’s property rights, a postnuptial agreement may serve a vital function.
A Mesa postnuptial agreement lawyer could help you retain control over a future divorce. While dissolution may not be certain or even likely in your case, the creation of a postnuptial agreement can help decide difficult issues that may otherwise bring more contention between divorcing spouses. It can also help facilitate conversations and communication between the couple. To learn more about if this may be right for you, consult with a Mesa family lawyer today.
Benefits of a Postnuptial Agreement
You and your spouse want your marriage to last forever, and you both want a quick and fair resolution if it doesn’t. It is advisable to be prepared for your marriage to reach a breaking point in order to avoid nasty litigation. Dissolving a marriage is notoriously messy and often contentious, as spouses typically aim to protect the rights they accumulated during marriage and fight over their resources.
You can help mitigate future conflict in case of divorce by entering into a postnuptial agreement. These contracts, which married spouses freely sign, determine property rights in the event of dissolution. According to state law, postnups may cover essential topics such as real estate rights, business ownership, life insurance beneficiary status, and personal property rights.
While postnups can cover almost any topic that spouses wish, they can never plan for the future care and custody of shared children. Matters such as this must be processed by a family court during a divorce, or decided by the parents, and the court must decide the matter in a way that upholds the best interests of the involved children. For help with understanding the benefits of postnup contracts, consider speaking with a Mesa postnuptial agreements attorney.
The Effects of a Postnup on Divorce Litigation
A postnup is a private contract between the parties. It won’t affect how the bank or a creditor views your rights to property. It only has legal influence if one party files for divorce. If a marriage does enter divorce litigation, either party may submit a postnup agreement as guidelines for a final decree. A judge will presume a postnup’s legitimacy, but either party may contest its validity by arguing duress, inaccuracy of terms, and even forgery.
State law says that a judge may determine the authenticity of a postnup and incorporate it into a final divorce decree. A postnup contract lawyer in Mesa could help draft an agreement that meets legal standards and argue for its inclusion in a pending divorce case.
Consult a Mesa Postnup Attorney Today to Learn More
Entering into a postnup agreement that clearly states the outcome of a potential divorce can help strengthen a marriage. Parties who understand the outcome of dissolution can collaboratively resolve arguments about property rights and may ultimately refrain from divorcing altogether.
While spouses can create postnups any time after they get married, these agreements must meet important legal standards. An invalid postnup can create confusion and escalate a divorce to a messy confrontation, so you should consult with an attorney.
A Mesa postnup lawyer could guide you through the process of creating a legally binding agreement. Understanding legal requirements, establishing your goals, and drafting documents that can provide stability and certainty for your future may be difficult without qualified legal counsel. Reach out to our firm today for more information.