family law
MEDIATION
juvenile law
Pre-marital (Pre nuptial) and Post-marital Agreements
One of the most complicated areas of
family law is that regarding pre and post-marital
agreements, commonly referred to as pre and post-nuptial
agreements.
Premarital
Agreements are contracts between future spouses.
Arizona courts have held that when the agreements are
voluntary, free from fraud, fair and equitable, they
will control. Whitmore v.
Mitchell, 152 Ariz. 425 (App.
1987). These agreements are intended to define how
property will be divided in the event that the marriage
does not succeed. They define responsibilities
during the period of the marriage, such as payment of a
mortgage on a residence acquired by one of the spouses
prior to the marriage. They also normally include a
provision relating to whether or not either of the
spouses would receive spousal maintenance upon
dissolution of the marriage, attorney’s fees and a
variety of other items. A post-marital agreement is a
spousal agreement that is created after a marriage has
occurred. Spouses often find that a post-marital
agreement is necessary when there are financial disputes
during the marriage.
These
agreements are complicated because of the statutory
requirements that must be met to make them enforceable.
A.R.S. § 25-202. In order for prenuptial
agreements to be valid, they must meet the following
conditions:
·
They must be in
writing;
·
They must be
signed by both parties;
·
They must be
voluntary
·
They cannot be
against public policy;
·
They cannot be
unconscionable;
·
They cannot make
plans about custody or child support;
·
They cannot
restrict visitation rights.
We can
prepare a pre or post-marital agreement for you and your
soon to be spouse or we can participate in the review of
a premarital agreement written by another family law
attorney. We will assist you in determining all of your
assets and debts and how you intend to keep property
separate during your marriage to your future spouse.
It is important to retain a knowledgeable attorney when entering into these types of agreements; the last thing that a party wants is to sign a prenuptial agreement and then find out ten years later that it is not enforceable.