Once a couple is married, the law considers all property that they acquire during the course of their marriage to belong to both spouses equally as community property. One way to protect your stake in personal property that you do not wish to be treated as community property is to enter into a prenuptial agreement with your fiancé.
Prenup contracts outline what will happen with a couple’s assets in case of divorce or in the event creditors are trying to take your assets. A Scottsdale prenup lawyer could help you draft a legally binding contract that addresses all of your concerns. For help with this process, you should enlist the services of one of our family law attorneys.
Terms of a Prenuptial Contract
A divorce is always a time of uncertainty and doubt. Local family court judges who hear these cases are responsible for making decisions about the property rights of each litigant. A prenup agreement outlines the rights and responsibilities of both spouses upon divorce, which can be especially helpful in situations where one partner has far more assets than the other.
Prenups can help make the divorce process much less contentious and much less expensive, because the couple has already decided what will happen to the distribution of property in the event of a divorce. Perhaps the most commonly included term in prenuptial contracts is the distribution of property. This can include what’s to be done with a shared home, income earned during the marriage, a car, bank accounts, or a stake in a family business.
A prenup can also answer key questions concerning alimony. A family law judge could award spousal support to one party if the other earns substantially more income or for any other reason someone may qualify for alimony. A prenup agreement can state exactly how much alimony a party is willing to pay or even disallow the idea of alimony entirely.
As long as both parties willingly sign a legally valid agreement, a court is likely to accept your prenup as legally binding in the event of divorce. A Scottsdale prenuptial agreement attorney from our legal team could help you identify your long-term goals and draft a contract helps you achieve them.
Integrating Prenup Agreements into Divorces
The presence of a prenup is never a guarantee of divorce. If neither party ever files for divorce, the agreement has no legal effect. However, this isn’t to say that it can’t have a positive effect on your marriage.
When both parties fully understand the consequences of a divorce, it can make the end of their marriage far less likely. If the marriage still does end with a divorce, having a valid prenup can make the process much simpler and more predictable.
Under Arizona Revised Statutes §25-202, courts must integrate a valid prenuptial agreement into a final divorce decree unless it violates the law. However, no marital contract can decide issues relating to children, such as custody and child support. A prenup contract lawyer in Scottsdale could help ensure the legal validity of your agreement before presenting it to a judge.
Let a Scottsdale Prenup Attorney Help Secure Your Future
It’s essential that both future spouses understand the legal rights and obligations that come with a marriage. One way to ensure that both parties understand these concepts is to enter into a prenuptial agreement. These contracts clearly state what will happen in case of divorce and can help relieve your stress and worry about the future.
A Scottsdale prenup lawyer could meet with you to discuss your goals, craft documents that outline those goals, and to introduce it to a family court in the event of a divorce. Contact our team today to make an appointment.