Prenuptial And Postnuptial Agreements Offer Many Benefits
Prenuptial and postnuptial agreements are contracts created by couples who want to determine the division of their assets in a potential future divorce. Prenuptial agreements are executed before marriage while postnuptial agreements are executed after marriage. Statutes and contract common law govern these agreements.
These types of agreements involve complex legal issues. Due to this, an attorney should draft them. Additionally, 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.
Maintaining Control Of Your Own Property And Assets
Without a prenuptial or postnuptial agreement in place, Arizona laws determine the allocation of personal assets, as well as who receives the property accumulated throughout 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 be invalid and not 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 or alimony
- Attorney fees in the event of divorce
Discuss If A Prenuptial Or Postnuptial Agreement Is Right For You
We, 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.