Prenuptial and postnuptial agreements are contracts created by couples who want to determine how their assets will be divided if they ever get divorced. Prenuptial agreements are executed before marriage while postnuptial agreements are executed after marriage. These agreements are governed by statutes and contract common law. Due to the complexity of the legal issues involved in drafting these types of agreements, they should be drafted by an attorney, and each party should have their own attorney represent them prior to signing the contract. Having an experienced attorney work with you during this process also ensures that any prenuptial or postnuptial agreements are legally valid and won't adversely affect you.
When couples do not have prenuptial agreements or postnuptial agreements in place, they are subject to Arizona laws in terms of how their personal assets are allocated and who will receive property accumulated during the marriage. Some couples prefer to take the power into their own hands and decide what happens to their assets in case of a divorce. When both parties each have an experienced attorney looking out for their interests, they are able to reach an agreement that is mutually beneficial and fair while also avoiding contentious divorce litigation.
Let Us Help You Understand What A Prenuptial And Postnuptial Agreement Can Do For You
The information included in prenuptial and postnuptial agreements can cover a wide range of topics and explicitly state the intent of both spouses. Any provisions in the contract that violate Arizona laws or public policy will not be considered valid and cannot be legally executed. Prenuptial and postnuptial agreements often cover some of the following topics:
- Each spouse's property rights
- Each spouse's debt obligations
- How property will be divided or distributed if a divorce occurs or if either spouse dies
- Retirement benefits and life insurance proceeds
- Spousal maintenance
- Attorney fees in the event of divorce
Prenuptial And Postnuptial Agreement Lawyers Serving Goodyear, Peoria And The Entire Phoenix Area
Schedule an initial consultation with one of our qualified family law attorneys by calling 623-748-4890 or contacting us online. We offer consultations at our offices in Goodyear, Peoria and Phoenix. The lawyers at Lincoln & Wenk, PLLC give sound, cost-effective legal advice to people in Arizona who are considering the benefits of executing a prenuptial or postnuptial agreement. Using these proactive tools, we are able to protect our clients’ best interests and help them avoid costly litigation in the future.