Scottsdale Marital Agreements

Marital agreements are contracts created by spouses, named by whether they are entered into before (prenuptial) or after (postnuptial) the marriage. These agreements are responsible for dictating how assets, obligations, debts, and other matters are split in the event of a divorce.

Marital agreements should be:

• In writing
• Agreed upon by both parties
• Signed by both parties
• Notarized

For the best outcome, these agreements should also be fair and equitable. That means that a couple shouldn’t write a prenup that says if they divorce, the husband gets all the assets and the wife gets all the debt, for example. That’s a bit of an extreme example, but Arizona is big on divorces and separations being fair, so it’s important to keep in mind.

The best way to draft a marital agreement in Arizona that you can both be satisfied with is to work with a dedicated Scottsdale marital agreements lawyer. This will ensure that everyone understands the agreement, the process of creating it, and that everyone is on the same page. It will also guarantee that nothing gets put into the agreement that isn’t allowed.

What Marital Agreements Can’t Do

In Scottsdale, marital agreements cannot dictate custody, family matters, or employment decisions or circumstances. Family and custody issues need to go through the family courts in Arizona and will be handled outside of the separation or divorce between the two spouses.

Even if the two parties agree on it, child support and custody issues cannot be written into a marital agreement. If the couple ignores the law or isn’t aware of it and writes these boundaries in anyway, they will likely be thrown out by the courts and the couple will be advised they need to contact family court to discuss those issues.

You will not find a lawyer to create a marital agreement that discusses:

• Physical or other custody of the children
• Child support responsibilities or amounts
• Employment terms or circumstances
• Living arrangements
• Visitation arrangements

These are all things that must be addressed in family court and the factors surrounding them will all be determined based on what is best for the child(ren) involved. That’s all there is to it. The courts want what’s in the best interests of the children. Every single time.

Having a dedicated lawyer on your side that can handle marital agreements and family law cases will make it much easier for you to get the outcome that you want in your case and make sure that your children end up with the right custody arrangement.

What Marital Agreements Can Do

Marital agreements in pre- or post-nuptial form are designed to help couples spell out the terms of their marriage and the boundaries contained within that relationship. Although anyone can create these and adhere to them, they’re usually thought of with people who are rich and/or famous, as a way to protect their high-value assets. When a couple creates a prenup or postnup, it is allowed to outline provisions for:

• The division of property assets
• The division of financial assets and debts
• Spousal support/alimony requests or obligations

These agreements basically spell out the terms of the marriage and what happens to the assets in case of divorce. Since Arizona is a community property state, many people prefer to have some kind of marital agreement that allows each party to keep the assets they have cultivated and not just split everything in half.

Prenuptial agreements are typically presumed to be more legally binding than postnuptial agreements because the latter happens within the marriage, so the circumstances have changed and will continue to do so. Postnups take a lot more investigation and consideration before they are exercised, while prenups are pretty much taken as law.

What is a Marital Settlement Agreement?

In Arizona, there is something called a marital settlement agreement that can be entered into by two spouses who are divorcing amicably and agree on all the terms regarding children, financial support, and assets and property division. This agreement is ideal for divorcing couples who want more control over the things that are most important to them instead of leaving it up to the courts to decide. These are also usually going to be less hostile, and they typically cost lest than full litigation in family court, too.

If you think that you and your soon-to-be-ex can reach an agreement on marital property, assets, and other issues, then you should ask your Scottsdale marital agreements lawyer how to get started. Lawyers can help you draft an agreement that works for both parties. From negotiation to filing the paperwork, it can all be handled so that you can focus on getting your life back on track.

With a marital settlement agreement, parties rarely end up in an actual courtroom, as everything is resolved through agreements and mediation. Most settlement agreements include guidelines or terms for:

• Division and characterization of property and financial assets and debts
• Child support and spousal support
• Payment of legal fees and attorney costs
• Adjustment of tax issues and reimbursement claims
• Visitation and child custody
• Specific indemnification agreements and waivers (case-specific)

With an experienced attorney on your side to handle the marital settlement agreement, you might not have to go through the ugly divorce that you might have initially imagined. If this is what you need, talk to our team of lawyers about how we can assist with marital agreements of all kinds.

Contact a Scottsdale Marital Agreements Lawyer Now

Whether you’re going through an amicable divorce or even just considering a marital agreement for the peace of mind that it offers, having a dedicated marital agreement specialist on your side can make all the difference. Contact the team at Modern Law to discuss how our divorce and family law experts can help you create the perfect marital agreements and make sure that everyone gets a fair outcome, no matter what the specific circumstances of your case might be. You can find us right in the heart of Scottsdale at 8707 E. Vista Bonita, Suite 155, or you can give us a call at (480) 571-0346.