Postnuptial Agreements in Arizona

Prenuptial agreements may be the most common type of spousal agreement, but spouses can create marital agreements after marriage as well. These are known as postnuptial agreements. Spouses in Arizona sometimes use postnuptial agreements for various reasons, usually to help clear disputes during the marriage.

Reasons for Using a Postnuptial Agreement

Spouses often use postnuptial agreements to resolve financial disputes during a marriage. According to a recent survey, financial issues were the number one cause of divorces, and it’s easy to see how money conflicts can get in the way of any relationship.

In some cases, having a postnuptial agreement can actually prevent divorce or separation because the guidelines for how to handle financial and other disputes are already present, so there is already a focus on cooperation and agreement, rather than turmoil.

Financial issues are the most common topic covered in postnuptial agreements, but just about any type of agreement can be included in one. A 2012 article on postnuptial agreements revealed that some couples use the contract to determine who pays what, when the family vacations and who is responsible for tasks around the home.

Still, financial matters are the most popular marital issue, and most couples use postnuptial agreements to create a better understanding of their finances should they get divorced or separated.

What Do Postnuptial Agreements Include?

A properly drafted postnuptial agreement can separate spouses’ income and create clear financial boundaries by designating certain assets as separate property. As with prenuptial agreements, however, courts can refuse to enforce postnuptial agreements for a number of reasons.

Because there are laws and regulations that apply to postnuptial agreements, it’s recommended that spouses or couples seek legal counsel when setting up their contract. If an agreement is made without the right lawful considerations, it could be deemed void in court.

Protect Your Future with a Postnuptial Agreement in Arizona

If you’re considering using a postnuptial agreement in your marriage, contact the family law team at JacksonWhite Attorneys at Law. With years of experience creating these contracts, we can provide the boundaries you need to have a successful marriage and future.

Call family law attorney’s Tim Durkin & Jon McAvoy today at (480) 467-4348 to discuss your postnuptial or marriage legal needs. 

 

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Tim Durkin is a skilled family law attorney, experienced in handling cases involving divorces, paternity actions, child custody, child support, relocation and jurisdiction issues, adoptions, and much more.

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