loader image
Close this search box.

Tucson Marital Agreements Help

Tucson Marital Agreements

Getting married is exciting. This is one of the most memorable times of your life, if not the most memorable. Of course, for all those princes and princesses who ride off into the sunset, not one of them talks about what happens when the sunsets fade and life gets real. Being married is great, but it’s also a lot of work. And, there are some instances where it just doesn’t work out. Because of that, many people take a pragmatic approach and create various marital agreements to protect their assets if things don’t work out.

There are several types of marital agreements that can be created between couples, including those made before the marriage, during the marriage, and after the marriage (separation agreements, mediation agreements, etc.). Understanding them and how to deal with each can make the entire process easier for everyone involved.

Types of Marital Agreements

There are two main types of marital agreements: prenuptial and postnuptial. Simply put, you can create them before (pre) or after (post) you get married, and they can include any number of assets and the division of them that you and your spouse have agreed upon. For example, if you have a business that you started during the marriage, Arizona would consider the business profits a community asset. That is, unless you include that in your marital agreement to be kept separate.

There’s nothing wrong with wanting to protect yourself in case things don’t work out as they should. The best thing that you can do in that regard is to hire a dedicated Tucson marital agreements lawyer that can walk you through the process. They’ll also be able to advise you on what you can and can’t include, and what else you might want to consider in this agreement so that you’re fully protected in the event of a separation or divorce.

Whether it’s a premarital agreement or a postnuptial agreement, it will outline things like assets and debts, division of property, and so forth. These agreements cannot contain custody arrangements, family law issues, or any employment circumstances. Spousal support and child support are also exempt from marital agreements. These must be handled as their own issues in family court.

Pros and Cons of Legal Marital Agreements

The obvious advantage of these marital agreements is that they offer control and protection for the couple involved. They allow you to sort out and claim your assets in advance so that there will be less time involved in the divorce process. If you can’t trust that your partner will be on the same page about property and asset division if you were to divorce, it would be a good idea to draft this agreement ahead of time.

You can protect separate property and enjoy the peace of mind that even if things don’t work out, you’re still prepared and will know how to proceed. There is a negative stigma around these agreements to some extent, but that is fading as time goes on. Aside from that, and the fact that you can’t request spousal support or child support in these agreements, they’re generally more beneficial than not.

People who own a business, have significant assets or debts, or who have children from a previous marriage can benefit from the protections these agreements offer. They’re also ideal for couples who want to ensure that their property doesn’t get split down the middle by the state of Arizona, which is a community property state. That means that all property acquired during the marriage is deemed “community property” and divided as closely as possible to half if there is no other agreement in place.

Tips for Talking to Your Spouse

Of all the things that come with marriage, talking about the “what ifs” of whether it will last is probably low on most people’s lists. However, there’s something to say for being practical when you have valuable assets that you want to protect. To help with that, here are some tips about discussing marital agreements with your partner without giving them the wrong impression or creating any bad blood.

  • Focus on the benefits of the marital agreement. It can be hard to start a marriage with a document that outlines the process for ending that marriage. However, if you focus on the benefits of these agreements, it will be much easier to get your partner to agree to them. It can even make it easier for you to feel good about drafting these agreements to protect your assets.
  • Give them time and space to process. This is important for them, as well as for you. Once you have the conversation about the need for a marital agreement, you should be able to step away and process the conversation. Think about how you feel, how you would like assets divided, etc. Then, you can get back together with your partner and come up with an agreement that works with no hard feelings or animosity.
  • Be open and transparent from the start. The last thing someone wants is to have this sprung on them at the last minute. Have an open discussion as soon as you realize that you might want to create one of these agreements. That will ensure that there is no animosity and that you are more likely to get a good response from your partner.

These are just a few tips but remember that honesty and transparency can go a lot further than you might think.

Let the Modern Law Team Help with Your Marital Agreements

If you choose an experienced Tucson marital agreements lawyer from Modern Law, you’ll know that you’re getting assistance from someone with years of experience in divorce, family law, and other marital law issues that can come up throughout the relationship. You’ll also have someone to explain everything to you and help you create the perfect marital agreements, no matter what you have in mind. Contact us today to discuss your need for marital agreements and find out how we can help.

Schedule a Consultation