Scottsdale Prenuptial Agreements Lawyer
Scottsdale Prenuptial Agreements
Some people think that prenuptial agreements are just for those who are wealthy or who have a lot of assets they want to protect. In fact, a prenuptial agreement can be a useful document for any married couple who wants to ensure that they enter into the marriage on the same page and with an understanding of what should happen in the event that things don’t work out.
No one likes to think about that, of course, but nowadays, it pays to be pragmatic. Even if nothing comes of it, having a Scottsdale prenuptial agreement lawyer help you draft a document that can give you both peace of mind could be an invaluable asset to your marriage.
What is a Prenuptial Agreement?
A prenuptial agreement is a legally-binding document that is entered into by two parties who are getting married and want to preserve certain assets or elements of their lives before they tie the knot. Of course, there are several different kinds of prenups out there today, and you can write your own however you’d like. First, though, it helps to know why you would need this type of agreement.
In order for a prenuptial agreement to be legally binding and valid in court, it must be:
- Voluntarily signed by both parties
- In writing
- Signed only after the fair and reasonable disclosure of financial obligations and property
A prenup also won’t be legally binding until the couple is actually married. You can’t create and sign a prenuptial agreement and then claim that your fiancée broke the agreement when the wedding hasn’t even taken place yet.
How Do I Know if I Need One?
There are several situations where a prenuptial agreement could be a good choice. This isn’t something everyone thinks about, but it can be a good idea for older couples who marry later and have more assets, as well as in a variety of more common situations. These agreements can prevent disagreements from divorce or other events because all the rules are outlined, and everyone is on the same page.
People should consider prenups if they:
- Have significant assets
- Have children from prior marriages
- Have wealth inequity
- Are retired, and their spouse is still working
- Own a business
- Are significantly different in age
- Are you expecting an inheritance
Essentially, if someone anticipates they will need protection for their assets or if they are expecting future assets, it will be a good idea to consider a prenuptial agreement. It’s not an agreement that the marriage won’t last, and it certainly doesn’t mean that you’ll ever have to exercise the terms of the agreement.
If you feel you need to protect your assets or your partner wants to protect theirs, this could be a good way to do it. Be sure to have a conversation about what this means and what kind of terms you anticipate with the prenuptial agreement that you make. Feel free to speak candidly and be honest about why you want this protection. If you’re going to be marrying someone, you should be able to be upfront and truthful with them.
Common Mistakes to Avoid
When creating or handling a prenup, there are some mistakes that are obvious and others that you might not even think about. However, if you want to make sure that this process works out in your favor, make sure that you don’t let these pitfalls get in your way.
Prenuptial agreements cannot be signed under duress. If a spouse claims they did not sign the agreement voluntarily, it could create an issue in the court system. Too often, people will even forego getting a lawyer when dealing with marriage and prenuptial agreements, not realizing what damage this can cause. Both parties should have a lawyer to represent them in any marital agreements and the signing of them.
Another mistake people make sometimes is that they misrepresent their assets or liabilities. Whether it was deliberate or accidental, it’s important to avoid it at all costs. Make sure you check and double-check any figures you provide the courts or include in the prenup. That way, there will be no confusion. Then, of course, you’ve got the risk of one person signing the agreement when they were mentally incompetent, or even if they were just drunk or high on drugs. This can’t really be enforced in most cases.
Don’t forget to include spousal maintenance in your prenuptial agreement, and make sure that you’re not trying to set terms for parenting time or any kind of child support. The judge isn’t going to be pleased to see a prenup that is explicitly aimed at limiting children’s interaction with the other parent or that may impact their child support obligations.
How Can a Scottsdale Prenuptial Agreement Lawyer Help?
If you are interested in creating a prenuptial agreement, or if you have concerns about your spouse wanting one, it could be a good idea to contact a lawyer and get some assistance. After all, there’s a lot of information to absorb, and you’re really just getting started. Working with a dedicated Scottsdale prenuptial agreement lawyer will ensure that you get a reputable, experienced attorney fighting on your side to ensure that you get a fair outcome or that you can create an effective prenup that everyone agrees on.
As mentioned, you don’t have to have a prenuptial agreement, but if you do, working with a lawyer is a great way to keep it fair and make sure all the bases are covered. Plus, we can also help with other legal needs, including postnuptial agreements, to further cement your decisions and the way assets are handled within your relationship. The rules for a postnuptial agreement are different in Arizona, of course, so you’ll want to make sure that you know what you’re signing up for.
And don’t forget to call the team at Modern Law to discuss your prenup needs and find out how we can help.
8707 E Vista Bonita Drive, Suite 155 Scottsdale, AZ 85255