Entering Family Law Agreements in Scottsdale
Pre-Nuptial Agreements and Post-Nuptial Agreements
Pre-Nuptial and Post-Nuptial Agreements allow two people to determine in
advance what will happen financially if the relationship ends. While this
is not the most romantic thing to do, it is a way to create peace and
peace of mind in the relationship. In the unfortunate case that the marriage
comes to an end, your assets will be protected.
Protections Offered in These Agreements
Spouses can enter a spousal agreement either before marriage or at any
point in the marriage. These agreements are generally used to define property
and protect the rights of both parties in the case that the marriage dissolves.
A Pre-Nuptial or Post-Nuptial agreement will allow you to protect yourself,
your prospective spouse or your current spouse. Most people are not aware
that you can enter into a Post-Nuptial Agreement after you are already married.
Pre-Nuptial and Post-Nuptial Agreements can be very flexible and will address
- How will we pay our household living expenses during the marriage?
- How will we divide our assets and debts if the relationship ends?
- Will one spouse be entitled to spousal maintenance?
- Will our income during the marriage be treated as community property or
as each spouse's separate property?
- What if I owned a business before the marriage, what happens to it?
- What if I owned a rental home before the marriage, what happens to it?
Building a Workable Agreement with Your Spouse
Just because pre-nuptials and post-nuptials can be flexible does not mean
they are necessarily simple. Depending on the parties, some agreements
can be very simple, but others can be quite complex.
Regardless of the simplicity or complexity of the agreements, by law Pre-Nuptial
and Post-Nuptial Agreements must be:
- Fair (or at least not conscionable)
- The result of full disclosure by both parties; and
- Signed by the parties and, if represented, their lawyers
No matter what else a Pre-Nuptial or Post-Nuptial Agreement may state,
if it does not meet these five points, it may not be enforceable when
you need it.
We encourage you to work with a knowledgeable attorney at Owens and Perkins,
P.C. to secure the enforceability of the document. Spouses can work together and
speak with a Scottsdale family lawyer. Call today to begin!