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Arizona Postnuptial Agreement Lawyers

 

A Postnuptial agreement in Arizona is an agreement between two parties made during their marriage, which decides the terms of their future financial arrangement. This agreement can be used by either or both spouses to decide how they would divide their property if their marriage comes to an end unexpectedly.

Postnuptial agreement has become very popular since it lays down the rules for dealing with each other’s estate. Generally, these agreements are made when one partner wants to ensure that their children get more than the spouse gets after divorce.

What is a Postnuptial Agreement in Arizona?

Postnuptial agreements pose many benefits like providing spousal support, division of property, and family provisions, among others, discussed later in detail. In contrast, a postnuptial agreement in Arizona is an agreement made between two parties who are married to each other. Both parties validly agree on how they would divide their property if their marriage comes to an end unexpectedly.

What Do Postnuptial Agreements Include?

It is essential for postnuptial agreements to be carefully drafted by legal experts, as these agreements generally cover more than what you expect them to, including division of property and division of liabilities; this division could mean that one partner can be left with debt while another gets assets. These include financial support (spousal support), dissolution of the spousal support (alimony), division of retirement benefits like 401(k) or pension benefits, business opportunities, or profit-sharing.

Postnuptial agreement in Arizona encompasses the topics mentioned above and additional protection like free asset protection, equitable distribution of all property acquired after marriage, rules for child custody, and visitation rights, amongst other concerns that both spouses may have to agree on upon or create according to their terms. A Postnuptial Agreement is an excellent way to ensure that your kids get what they deserve if either parent decides to leave them. This is because postnuptial agreements generally govern what happens with children when one spouse leaves so long as the children are not penniless.

What Does a Postnuptial Agreement do?

As stated earlier, a postnuptial agreement controls how money or assets will be distributed between the spouses if they divorce. Even if you are not thinking of getting divorced, these agreements can still help since they protect your family in critical situations like severe illness or death. Suppose one of the parties experiences an accident that could be life-threatening. In that case, a postnuptial agreement gives them rights to protect them from possible bankruptcy by obligating their spouse to continue taking care of them.

Who Should Get a Postnuptial Agreement?

People who want assurance regarding how assets would be shared after the termination of their marriage or even people who have children together should consider using this type of agreement. These people may include unmarried couples, cohabitating couples, same-sex couples/couples who plan on having children, and even divorcing couples who wish to avoid legal hassles and also ensure that their assets are protected in the long run.

Reasons for Using a Postnuptial Agreement

There are countless reasons why someone should consider getting a postnuptial agreement, namely:

  1. Custody / Child Support:

A postnuptial agreement clarifies the decision-making process in the event of a divorce. For example, if both parents are fit to have custody of the children, who decides where the child will live? What sort of visitation schedule will there be? Who gets to decide what religion or educational background the child is raised with? Will each parent contribute financially to their upbringing? How much time will they spend with each parent while growing up? All these decisions can be clarified in your postnup.

  1. Debt Consolidation :

Your debt consolidation may change during a marriage. The perceived need for debt consolidation remains constant; however – you want to pay off your debts. If you want to keep your debts separate in case of divorce, keep them separate during the marriage. However, if you are willing to get joint or family debt together, make sure you clarify who’s responsible for what part of the debt during the marriage.

  1. Taxes :

Your taxes may change after a divorce, so clarify how your taxes will be filed during the marriage to avoid any tax implications on a future breakup.

  1. Language in a Postnuptial Agreement :

If you have children from a previous relationship or expect another child, your postnup must spell out who will take care of those children should the marriage end in death or divorce.

  1. Disagreements :

In the event of a breakup, disagreements over finances and property division can get quite argumentative. A postnup can reduce conflict because there is less of a need for one party to try and convince the other of their rightness regarding various financial issues that may come up. By spelling out your rights and responsibilities, you’re more likely to use the system fairly and amicably without much antagonism (and possible court battles).

  1. Protection from Abusive Spouse :

If you have a history of domestic violence, a postnup provides a set of rules for dealing with future problems and clarifies who gets what should the relationship end due to abuse. Both parties will have equal protection under the law in the event of an abusive spouse, so this is something that can be pretty helpful when it comes to protecting your rights as a parent or spousal unit.

  1. Length of Marriage :

A postnuptial agreement becomes null and void after ten years of marriage unless you both agree to renew it before then – this is beneficial because it prevents either party from tying the other into a lengthy contract against their will if they change their mind.

Who Should Not Get a Postnuptial Agreement?

A postnuptial agreement is not advisable for someone entering into a second or subsequent marriage where children from another relationship will have custody rights unless they want to relinquish these rights in favor of an ex-spouse. Also, people who have been married before and have received alimony in previous divorces may be reluctant to surrender any claim they may have to further financial support if their new spouse dies or they get divorced for anyone considering getting married to sign a postnuptial agreement if you are marrying someone significantly wealthier than yourself.

Reach Out to Us

A postnuptial agreement in Arizona is a pre-nuptial contract that helps both spouses develop a detailed plan on what will happen if their marriage reaches an end. It is a great way to safeguard you and your family from future uncertainties. Since unmarried couples can also use it, it allows them to plan for a possible breakup. This will give them a lot of confidence in their relationship, knowing that they have the right to safeguard their shared property after ending their romantic ties. Contact an experienced Divorce Attorney in AZ to get started. As Jensen Family Law family law attorneys we have over 30 years combined experience with these types of postnuptial agreements and we are committed to helping our clients get the best protection possible.

Arizona Locations

Our team of family law attorneys and divorce attorneys look forward to helping you when you need it most. With over two decades of aggressive divorce, child custody, child support and divorce mediation representation we will not allow you to be taken advantage of. We believe making a difference in the lives of our clients and their children.


Mesa, AZ – Office

Located in Mesa Arizona, on Val Vista and Southern Avenue. Our Family Law Attorneys and Divorce Lawyers in Mesa AZ have been helping our clients achieve the legal results they are searching for. Our Mesa Law Firm offers Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Jensen Family Law in Mesa AZ
3740 E. Southern Ave Suite 210
Mesa, AZ 85206
(480) 999-2321
https://www.familylawattorneymesaaz.net/mesa

Chandler, AZ – Office

Located On Dobson Road, just North of W. Chandler Blvd, near the 101 Freeway. We have a team of the Best Divorce Lawyers and Family Law Attorneys in Chandler Arizona. Our Chandler Law Firm offers Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Jensen Family Law in Chandler AZ
333 N. Dobson Rd #5
Chandler, AZ 85224
(480) 632-2083
https://www.familylawattorneymesaaz.net/chandler

Gilbert, AZ – Office

Located in South East Gilbert, Near Higley High School on Pecos Road, West of Power Road in the Power Ranch Neighborhood. Our Gilbert Law Firm offers Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Jensen Family Law in Gilbert AZ
4365 E. Pecos Rd Suite 138
Gilbert, AZ 85295
(480) 900-2302
https://www.familylawattorneymesaaz.net/gilbert

Florence, AZ – Office

Located in the Community of Anthem in Florence Arizona, off of Hunt Hwy. Our Florence Law Firm is staffed with family law attorneys that offer Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Jensen Family Law in Florence AZ
3281 N. Hunt Hwy Suite 111
Florence, AZ 85132
(480) 632-1120
https://jensenlawaz.com/florence

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Jensen Family Law in Mesa is located on 3740 E Southern Ave Suite 210, 85206 Mesa, Arizona. From Phoenix Sky Harbor International Airport (PHX), Take S 41st St to E Sky Harbor Blvd, then head west on E Sky Harbor Blvd and Use the left lane to take the exit toward S 41st St. Then Turn right onto S 41st St. After that, Continue straight to stay on S 41st St, then Take AZ-202 Loop E, AZ-101 Loop S and US-60 E to S Val Vista Dr in Mesa. Take exit 184 from US-60 E after that Merge onto E Sky Harbor Blvd, then Use the left 2 lanes to merge onto AZ-202 Loop E toward Tempe/Mesa and Use the right 3 lanes to take exit 9 to merge onto AZ-101 Loop S. After that, Use the right 2 lanes to take exit 55A-B to merge onto US-60 E toward Globe, then Take exit 184 for Val Vista Dr. Then Continue on S Val Vista Dr to your destination and Turn left onto S Val Vista Dr. Turn right onto E Southern Ave, then turn left and Destination will be on the right.

We’re open 9 AM – 5 PM Monday – Friday and we are closed on Saturday and Sunday.

For additional questions you can call us at (480) 999-2321 or you can find us on Yelp.