Divorces are notoriously unpredictable and emotionally draining. However, one way to set the expectation for a potential divorce is to enter into a marital agreement with your spouse. Marital agreements can help strengthen a marriage and decrease the chances of it ending. You and your partner can enter into a legally binding agreement before getting married, afterwards, or even after divorce litigation has begun.
A Scottsdale marital agreements lawyer could help you to draft a contract that protects your rights in case of a future divorce. Safeguarding your property, custody, and alimony rights can be made easier with the help and guidance of our compassionate family law attorneys.
Types of Marital Contracts
A marital agreement is any contract between two people that describes what the outcome of their divorce will be. One that’s made before the marriage is called a prenuptial agreement. Alternatively, a marital agreement after a wedding is called a postnuptial.
Prenups and postnups only affect the parties if one of them files for divorce and may affect the way they interact with each other during their marriage. Ideally, they never come into use, but they’re nice to have in case of an unexpected marital issue.
The last form of marital agreements is separation agreements. Parties can enter these contracts once their divorce has already begun. Separation agreements can help a couple avoid nasty divorce litigation and expensive legal fees.
Arizona Revised Statutes §25-317B states that a local judge must give preference to a couple’s separation agreement as long as it doesn’t violate the law in any way. For help with understanding the roles that these agreements can play in a potential divorce, you should consult with one of our Scottsdale marital contract attorneys.
Terms in an Agreement
A marital agreement should outline what will happen to a couple’s shared assets in the event of divorce. The most pressing issue in many divorce cases is property rights. A marital contract can answer questions about who will keep the house, who has rights to assets in shared bank accounts, and who will retain control of a family business.
Additionally, alimony can be addressed before a marriage actually dissolves. Especially in situations where one spouse is the primary breadwinner, the courts have great discretion in deciding payment amounts. However, a marital agreement can establish spousal support before divorce even happens.
A marriage agreements lawyer in Scottsdale could help identify important things to include in a prenup, postnup, or separation contract. Although, prenuptial and postnuptial agreements can’t decide child custody or support.
Get in Touch with a Scottdale Marital Agreements Attorney Today
While it is never pleasant to think of a marriage coming to an end, divorce can have a monumental effect on your future. A marital contract can answer key questions concerning property rights and spousal support.
Entering into a marital agreement can help you to retain control over your marriage and a potential divorce. In addition, these agreements can provide stability and certainty to a pending marriage or after a couple gets married. Marital contracts can even be drafted after a divorce begins.
Ideally, these agreements can help to lessen the chances for a future divorce. A Scottsdale marital agreements lawyer could work with the opposing party to negotiate terms that work best for everyone involved. Give us a call today to learn more about how our firm can help.