Tucson Postnuptial Agreements Help

Getting married means sharing almost all of your lives. That can create a lot of change and uncertainty, which may lead to the desire to have a marital agreement drawn up to create boundaries and provide a legal “safety net” to spouses who want to protect certain assets or aspects of their lives.

There are situations where a couple might not have felt it necessary to draft a prenuptial agreement, but once they’re married, they have second thoughts. Either that, or a reason arises that makes it worth considering. A pre- or post-nuptial agreement is one made before or after marriage that discusses certain assets and their status, such as if one spouse doesn’t want their business assets to be considered part of the “community property” division in a divorce. Or, perhaps one spouse is independently wealthy and decides after saying “I do” that a postnuptial agreement is called for.

The circumstances could be anything—a Tucson postnuptial agreement lawyer can help you with the particulars and ensure that you get a fair outcome that everyone is happy with. Even if you don’t think that a postnuptial agreement could benefit you, think again. Arizona is a community property state, and should you divorce, it will be up to the courts to divide the assets, despite any input from either side. Therefore, it can be risky to leave things up to the court system. This is why spouses choose to have a postnup—it gives them more control over their property in the event of divorce.

What Do Postnuptial Agreements Include?

For those familiar with prenups, postnups generally contain similar parameters or assets. The exact nature of the document will depend on the assets held by each spouse, as well as the circumstances of the divorce or separation. Most agreements include three main areas of concern:

Property/Asset Division: Some people who have substantial assets (or bad experiences from the past) will immediately want to protect their property and real assets. This agreement will outline who owns which assets, as well as who will get ownership in the event of divorce or how the assets will be divided.

Financial Assets/Debts: In the same regard, couples will be able to outline financial assets and debts, such as retirement funds or credit card debt, which ensures that there is a guide in place in case of separation or divorce. In many cases, a spouse that earns more income could be the subject of a less-than-fair division of financial assets, so having a prenup or postnup in place is always a good idea.

Spousal Support (Alimony): Finally, the postnuptial agreement could contain alimony payments as well as the terms surrounding them. Also known as spousal support in Arizona, these payments may be made by one spouse to ensure another can keep up their lifestyle and ensure that they don’t take further legal action regarding support after a separation or divorce.

There may be other elements that you want to include in this document. Be sure to talk to your lawyer to learn how to make sure that everything that you consider important is covered in the prenup. With a qualified Tucson postnuptial agreement lawyer from Modern Law, you’ll never have to wonder; we’ll take care of every last detail, down to who gets the dog and who gets Aunt Margaret’s antique dinnerware collection, if those are things that matter to you.

What Can’t a Postnuptial Agreement Include?

Technically, you can try to create a postnup with anything that you want in it. However, if you include off-limits items, you could invalidate the agreement just by trying to regulate those things. Several things aren’t allowed to be included in a postnuptial agreement. They require different paperwork and court processes, and they aren’t up for debate in a document like this.

First up, you have custody issues. In Arizona, this is now divided into the categories of parenting time and legal decision-making. In any case, those can’t be in any kind of separation agreement. You’ll also have to leave out family matters and other domestic concerns, as well as any employment considerations or circumstances. Those can’t be dictated by these agreements, nor should they be.

Requirements for a Legal, Valid Postnuptial Agreement

If you want to ensure that your postnuptial agreement is legal, valid, and enforceable, you will want to start by hiring an attorney to guide you throughout the process of creating this agreement. In Arizona, a Tucson postnuptial agreement lawyer is required or the document won’t be considered a legally binding agreement in court. So, not only is it for your benefit, but hiring a lawyer is essential to file a legal agreement.

The second requirement is that it must be a voluntary agreement on the part of both spouses. This rule ensures that one spouse can’t coerce or force another to agree to a postnup against their own free will. If a judge feels there is evidence that one side of the agreement may have been involuntary, the court may deem it invalid or open to reconsideration. That means it’s up to the courts to decide whether the agreement holds up or not.

Part of the agreement includes what is known as “full and fair disclosure” from both sides. This means that all assets have to be disclosed and documented accurately. This includes income and property, as well as any other assets or liabilities that they may hold. If anything was falsified or failed to be disclosed, the postnup generally won’t be enforceable.

Finally, the postnup needs to be notarized and properly executed to ensure that it complies with Arizona state law. That’s where having a dedicated Tucson postnuptial agreement lawyer comes in handy.

Contact the Team at Modern Law for Your Tucson Postnuptial Agreement Needs

If you are searching for a Tucson postnuptial agreement lawyer, look no further. The experienced team at Modern Law can help you decide not only whether you need one of these agreements but what the terms should be, so you can rest easy that your assets are protected should something go wrong with your marriage. We all want to hope for the best, but as many people who’ve been through nasty divorces will tell you, it’s always better to prepare for the worst, especially when it comes to divorce and the division of assets in Arizona.