You deserve to feel secure while entering a marriage.
Prenuptial and postnuptial agreements are designed to provide extra security, outlining the division of assets, financial responsibilities, and other arrangements in the event of divorce or death.
At Lincoln & Wenk, PLLC, our Arizona attorneys specialize in drafting enforceable legal agreements tailored to your precise needs.
To learn more, schedule a consultation with a pre or postnuptial attorney today.
Lincoln & Wenk is here to protect your rights and interests, in and outside of your relationship. If you want to protect your assets before or after marriage, we assist with:
Our prenuptial & postnuptial attorneys have created many prenuptial & postnuptial agreements for Arizona clients. We’ll tailor yours to your specific needs and circumstances, ensuring all of the details are clear, fair, and enforceable.
If you already have a prenuptial & postnuptial agreement, we can review it to ensure it meets your current needs and complies with Arizona Laws. We can also suggest modifications if necessary.
Our prenuptial & postnuptial lawyers are skilled negotiators. We’ll help you and your spouse agree on the terms of your agreement and strive to achieve a mutually beneficial outcome for both parties. From financial arrangements to post-mortem instructions, we’ll cover it all.
If disputes arise regarding your prenuptial or postnuptial agreement, our attorneys are prepared to represent you in court. We will advocate for your rights and work to achieve a favorable resolution as quickly as possible.
Our family law firm offers mediation services to help couples reach an agreement without litigation. These mediators are trained to facilitate productive, amicable discussions and help you find common ground.
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You can’t put a price on peace of mind. Allow our legal team to help clarify financial responsibilities in your marriage and protect your assets.
By proactively addressing these matters, you can focus on building a lasting marriage while knowing you’re prepared for whatever the future holds.
During your initial consultation, we will discuss your goals, concerns, and the specifics of your situation. This helps us understand how best to assist you.
Our prenuptial & postnuptial attorneys will gather all necessary information regarding your assets, liabilities, and financial situation. We want to ensure your agreement is comprehensive and accurate.
Next, our team will draft a pre or postnuptial agreement tailored to your needs. We will triple-check that all legal requirements are met and that your interests are protected.
You and your spouse will have the opportunity to review the agreement and adjust any terms. We will facilitate these discussions to help you reach a mutually satisfactory agreement.
Once both parties are satisfied with the terms, we’ll help you sign and finalize the document. Then, the agreement will be properly executed and become legally binding.
In the unfortunate event that your marriage ends in divorce, a solid prenuptial agreement can cut down on stress, conflict, cost, and even the time it takes to finalize your divorce. Let’s talk about it.
A prenuptial agreement is entered into before marriage, outlining the division of assets and financial responsibilities in the event of a divorce or death. It can include provisions for property division, spousal support, and other financial arrangements.
On the other hand, a postnuptial agreement is entered into after marriage and serves the same purpose. Both types of agreements aim to provide clarity and protection for both parties, but the timing of their execution is the primary difference.
Prenuptial agreements are often used to protect individual assets, businesses, or inheritances that exist before marriage. They can also set expectations for financial behavior during the marriage.
Postnuptial agreements, however, are typically used to address changes in circumstances that occur after marriage, such as significant changes in income, debts, or the acquisition of new assets. Both agreements require full disclosure of financial information and should be entered into voluntarily by both parties.
In Arizona, prenuptial agreements are governed by the Arizona Uniform Premarital Agreement Act (AUPAA). This law sets forth the requirements for a prenuptial agreement to be considered valid and enforceable.
The AUPAA requires that prenuptial agreements be in writing and signed by both parties. Additionally, both parties must enter into the agreement voluntarily, without coercion or duress, and there must be a full and fair disclosure of each party’s financial situation.
Under the AUPAA, prenuptial agreements can address various issues, including property division, spousal support, and the handling of debts. However, they cannot include provisions that adversely affect child custody or support.
If a court finds that a prenuptial agreement is unconscionable or was executed under duress, it may be deemed unenforceable. Therefore, it is essential to work with an experienced prenuptial attorney to ensure that your prenuptial agreement complies with Arizona law.
Yes, postnuptial agreements are enforceable in Arizona, provided they meet certain legal requirements.
For a postnuptial agreement to be enforceable, it must be fair and reasonable at the time of execution and at the time of enforcement. Courts will examine the circumstances under which the agreement was made to ensure that it was not the result of fraud, duress, or undue influence.
If a court finds that the agreement is unconscionable or that one party did not fully disclose their financial situation, it may be deemed unenforceable.
The cost of drafting a prenuptial or postnuptial agreement in Arizona can vary widely depending on the complexity of the agreement and the specific needs of the parties involved.
On average, the cost can range from a few hundred to several thousand dollars. Factors that can influence the cost include the number of assets and debts to be addressed, the need for negotiation between the parties, and the attorneys’ hourly rates.
While there is a cost associated with drafting a prenuptial or postnuptial agreement, this investment can provide significant financial and emotional benefits in the long run. A well-drafted agreement can prevent costly and contentious legal disputes in the event of a divorce or separation.
Consulting with an experienced postnuptial attorney can help you understand the costs involved and ensure that your agreement is tailored to your specific needs.
Several factors can void a postnuptial agreement in Arizona. One common reason is if the agreement was executed under duress, coercion, or undue influence. Both parties must enter into the agreement voluntarily for it to be enforceable. Additionally, if there was a lack of full and fair disclosure of each party’s financial situation at the time the agreement was executed, the agreement may be voided.
Another factor that can void a postnuptial agreement is if it is found to be unconscionable. This means that the terms of the agreement are so one-sided or unfair that they would cause undue hardship to one party.
Courts will also examine whether the agreement was fair and reasonable at the time of execution and at the time of enforcement. If any of these conditions are not met, the postnuptial agreement may be deemed unenforceable.
We’re here to help, from beginning to end. We’ll discuss your goals with you, ask questions to make sure you aren’t overlooking any details, negotiate with your intended spouse’s attorney if necessary, and draft your agreement.
Call us at 623-294-2464 or contact us to schedule your consultation today.
