I received a call earlier today from a young man who wanted a post-nuptial agreement. For those of you unfamiliar, it’s a pre-nup after you are married. Post-nups are generally valid, with a few caveats.
This young man has been married for about two years. He and his wife are both professionals and had always kept their finances separate. She makes more money than he does and he’s decided to start a new company. He wants to protect himself in the event of a divorce.
A post-nuptial agreement is usually made when a couple has considered divorce and is deciding to reconcile. They have learned something about one another and decided that they need a new set of ground rules moving forward with their marriage. Maybe your husband has a gambling or drug addiction, and you don’t want to risk your family savings by staying married, but you don’t want a divorce. A post-nup could help protect your family financially while leaving it intact.
In Arizona, post-nups are valid, but I recommend that you always include consideration. A post-nup is a contract, and a valid contract requires offer, acceptance and consideration. If my potential client wants his wife to give up any future interest she has in his company, he must give her something in return. In this case, he will waive his right to her retirement, separate real property, bonuses etc. If you have any questions on post-nups, pre-nups or other family law related issues, give me a call at 480-649-2905.
