{"id":7159,"date":"2022-06-15T16:04:41","date_gmt":"2022-06-15T23:04:41","guid":{"rendered":"https:\/\/www.jacksonwhitelaw.com\/arizona-family-law\/?page_id=7159"},"modified":"2024-05-15T08:19:58","modified_gmt":"2024-05-15T15:19:58","slug":"prenuptial-postnuptial-agreement-attorneys","status":"publish","type":"page","link":"https:\/\/www.jacksonwhitelaw.com\/arizona-family-law\/mesa\/prenuptial-postnuptial-agreement-attorneys\/","title":{"rendered":"Mesa Prenuptial & Postnuptial Agreement Attorney"},"content":{"rendered":"
Prenuptial agreements usually aren\u2019t the first thing on your mind when you\u2019re getting married, and they\u2019re certainly less exciting than planning the actual wedding. When talk of a prenup does come up, it\u2019s rarely a pleasant conversation and often a source of discord between couples. After all, who wants to think about what happens if you get divorced when you\u2019re about to get married?<\/span><\/p>\n The good news is that getting a prenuptial agreement doesn\u2019t have to be so hard. With the help of a compassionate, understanding attorney, drafting an agreement can actually be fairly simple.\u00a0<\/span><\/p>\n The same goes for postnuptial agreements<\/a>. If you neglected to sign a prenuptial agreement before your wedding and now believe that one is necessary, an attorney can help you and your spouse draft and sign a postnuptial agreement that ensures both of your rights and wishes are respected in the case of a divorce down the road.<\/span><\/p>\n The key to making it a smooth process in both cases is working with the right attorney, and at JacksonWhite Law, that\u2019s exactly what you\u2019ll find. Our family law team has over 40 years of combined experience helping Arizonans with family law matters like prenups and postnups, and our top priority is to deliver best-in-class customer service to every client.<\/span><\/p>\n A prenuptial agreement, officially referred to as a premarital agreement<\/a> in Arizona, is \u201can agreement between prospective spouses that is made in contemplation of marriage and that is effective on marriage\u201d (<\/span>ARS 25-201<\/span><\/a>). The agreement must be in writing and signed by both parties, and it takes immediate effect when the spouses are married.<\/span><\/p>\n Prenuptial agreements are allowed a pretty broad scope as to what they can cover, though they\u2019re strictly forbidden from effecting a future child support order. According to <\/span>ARS 25-203<\/span><\/a>, the following topics are fair game in a prenup:<\/span><\/p>\n In short, a prenuptial agreement can cover just about anything besides child support and unlawful activities. In addition to addressing assets and liabilities, the agreement can even cover things like who gets the pets and what each party\u2019s roles and responsibilities are in the household.<\/span><\/p>\n Forget to sign a prenuptial agreement before your wedding? Or perhaps your financial situation has changed significantly since your marriage? Don\u2019t worry, it\u2019s not too late to sign a postnuptial agreement<\/a>.<\/span><\/p>\n Arizona law permits postnuptial agreements, but they\u2019ll need to hold up to additional scrutiny in court. Both parties must be fully informed about the scope of the agreement, especially how it affects their property rights, assets, and liabilities. The terms of the agreement must be fair and equitable, and neither party may be coerced into signing the agreement.<\/span><\/p>\n As long as those conditions are met, postnuptial agreements generally abide by the same rules as prenuptial agreements. Any topic is fair game as long as it doesn\u2019t involve unlawful activity or future child support obligations.\u00a0<\/span><\/p>\n While it\u2019s true that Arizona accepts DIY prenuptial and postnuptial agreements, it\u2019s rarely advisable to draft such an agreement yourself. If your agreement is ever challenged in court (which is almost a guarantee in volatile, contested divorce cases), it\u2019ll need to hold up to intense scrutiny for the judge to enforce any conditions that are contrary to standard practices.\u00a0<\/span><\/p>\n For example, Arizona law normally dictates that assets and liabilities incurred after marriage must be shared 50\/50. If your prenuptial agreement says otherwise, you\u2019ll need an airtight agreement to ensure the judge doesn\u2019t throw it out.<\/span><\/p>\n Whether you need a simple prenuptial agreement<\/a> or a complex, multifaceted one, it\u2019s always best to work with an experienced attorney who knows how to structure an agreement that\u2019ll hold up in court. It\u2019s also helpful to have a compassionate mediator who can help you and your future spouse reach an accord if negotiations are necessary.<\/span><\/p>\n As the senior attorney on the family law team, Tim is able to draw from years of experience in Arizona family law cases when he helps his clients resolve family disputes. In addition to drafting prenuptial and postnuptial agreements, Tim has successfully managed cases in every aspect of family law, including divorce, separation, guardianship, and parental rights.<\/span><\/p>\n Like Tim, Jon McAvoy is an experienced family law attorney with an impressive track record of helping clients in Mesa resolve family disputes. Jon specializes in child custody, legal separation, divorce, and paternity issues, and he\u2019s a member of the <\/span>Arizona State Bar<\/span>, Family Law section.\u00a0\u00a0<\/span><\/p>\n Address<\/b>: 40 N. Center St, Mesa, AZ 85201<\/span><\/p>\nMarital Agreement Attorneys in Mesa Arizona<\/span><\/h2>\n
Mesa Prenuptial Agreement Services\u00a0<\/span><\/h2>\n
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Postnuptial Agreement Services in Mesa<\/span><\/h2>\n
Why Work With an Attorney When Filing Your Marital Agreement?<\/span><\/h2>\n
Our JacksonWhite Mesa Family Law Attorneys\u00a0<\/span><\/h2>\n
Tim Durkin<\/span><\/a><\/h3>\n
Jon McAvoy<\/span><\/a><\/h3>\n
JacksonWhite Family Law Mesa Location\u00a0<\/span><\/h2>\n
\nJacksonWhite Law\u2019s main office is located in the heart of Mesa, right next to the historic downtown district and less than one mile from the Mesa Southeast Court Complex.<\/span><\/p>\n