PRENUPTIAL & POSTNUPTIAL AGREEMENTS ATTORNEY SIERRA VISTA AZ

Under the necessary or prudent circumstances, a prenuptial agreement can be a good decision for Sierra Vista and Cochise County couples looking to get married soon. A prenuptial agreement can help avoid complexity or conflict that may arise from unforeseen assets that could impact premarital assets after entering into a marriage. Whether you require advice as to whether you should obtain a prenuptial agreement, need help drafting an agreement, need an agreement reviewed, or need help enforcing or defending a prenup, our competent legal team at Sierra Vista Divorce Law, PLLC can help.

Prenuptial agreements are often fair and logical in situations where there are significant real estate or business interests held, family wealth that has been passed from previous generations, or assets from a previous marriage or for the interest of children.

WHAT IS A PRENUPTIAL AGREEMENT?

A prenuptial agreement is a written contract between two people who are planning to marry which details how assets will be distributed in the event of divorce or death.  A wide range of asset types, mutual considerations, and situations can be woven into a prenuptial agreement and typically outline what is to happen in the event of a divorce, disability, or substantial (windfall) change in circumstances.

In addition to being in writing, a valid prenuptial agreement must be voluntarily signed by both spouses with properly mental faculties, notarized, and, unless specific disclosure of assets or obligations have been waived in writing, fair and reasonable disclosure of such must be provided. 

WHAT IS A POSTNUPTIAL AGREEMENT?

A postnuptial agreement is much like a prenuptial agreement, however it is an written agreement that is entered into after spouses get married, or have a civil union.   Nevertheless, it maintains the same purpose as a prenuptial agreement which is to provide the fair distribution of all or specific assets in the event of a legal separation, divorce, or other special extenuating circumstances.

Postnuptial agreements must be determined and created with assistance and expertise of a qualified attorney. Both prenuptial and postnuptial agreements are prohibited from including anything deemed criminal or affecting public policy, such as one spouse agreeing to give up child support.

Our legal team and attorneys at Sierra Vista Divorce Law, PLLC are dedicated to serving the needs and interests of both spouses and providing clarity to each when creating agreements, as well as defending the needs of a single spouse in the event of the attempt to enforce a pre or postnuptial agreement.  While some disputes over agreements can be settled through negotiation or mediation, without the need to enter a courtroom, we are prepared to help protect your rights to the fullest extent necessary.

In order to be fair, complete, and comprehensive, prenuptial and postnuptial agreements can be complicated and require a skilled family law attorney who is familiar with Arizona law.  The Sierra Vista family attorneys at Sierra Vista Divorce Law, PLLC are qualified and understand the complexities involved in drafting, defending, and challenging agreements in court. 

Contact our legal team for a (30  min) initial consultation with our Sierra Vista prenuptial and postnuptial agreements lawyer today at (520) 335-8037 if you require any assistance with a pre or postnuptial agreement of any kind.