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February 2014 Generations Representing Generations

According to CBS.com about 2.6 million people get married in the United States every year. Of them, an average of about 260,000, or 10%, people get engaged on Valentine’s Day, which is more than any other day of the year. On the other hand, couples are 2.55 times more likely to break up around Valentine’s Day.

If you are planning an engagement with your significant other this Valentine’s Day you might want to consider consulting with an experienced family law attorney to draft a Prenuptial Agreement. If you are already married, you may enter into a Postnuptial Agreement. These agreements allow a couple to protect future earnings and address the parties’ respective liabilities to ensure that the debts of one party do not become the responsibility of the other.

A common misconception is that Prenuptial and Postnuptial Agreements are just for the wealthy. Any couple may enter into these types of agreements even if they do not have significant assets.

Regardless of the simplicity or complexity of the agreements, by law a Prenuptial or Postnuptial Agreement must be:

- Written

- Voluntary

- Fair (or at least unconscionable)

- The result of full disclosure by both parties; and

- Signed by the parties and, if represented, their lawyers

If the agreement does not meet these five points no matter what state the agreement is drafted in, the agreement may not be enforceable.

It may seem unromantic to consider what you will do in the event of a divorce or legal separation, but the consequences of not protecting yourself and your spouse could be far worse.

Contact the Scottsdale office of, Owens & Perkins, at 480.630.2464 to speak with one of our experienced family law attorneys regarding a Prenuptial or Postnuptial Agreement.

Owens & Perkins received the AZ Family 2014 Mojo Pages Award for #1 Family Law Attorney in the Phoenix area. We have also received this award for #1 DUI Lawyer and #1 Wills and Trusts Lawyer in the Phoenix area.

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