Arizona Postnupital Agreements
Hopefully you and your spouse will have a long and happy marriage. If so, there may come a time when a postnuptial agreement is necessary. There are many reasons spouses may wish to enter into a postnuptial agreement most of which have nothing to do with the demise of a marriage.
Scottsdale Postnuptial Agreement Lawyer
Want to know if a postnuptial agreement is right for you? As an Arizona postnuptial agreement law firm, we help educate our clients on all pros and cons of postnuptial agreements in Arizona. We provide straight forward advice everyone can understand. Call us today at (480) 607-8308 for a free consultation.
What is a postnuptial agreement?
A postnuptial agreement is an agreement that is entered into after two people have married that determines rights between the parties regarding marital property. It is not to be confused with separation agreements which are generally entered into in contemplate separation or divorce. Most people who choose to enter into a postnuptial agreement intend to continue on being married.
Are postnuptial agreements valid in Arizona?
Arizona courts have held that married couples are free to determine at any time what the status of their property is to be. There is no specific statute that authorizes or creates the rights of married couples to alter their property rights by postnuptial agreement. However, the right is supported by case law.
What is required for postnuptial agreement?
In order to uphold a postnuptial agreement a spouse must show by clear and convincing evidence that:
- The transaction was free from any taint of fraud, coercion or undue influence
- The opposing party acted with full knowledge of all the properties involved and all legal rights therein; and
- The settlement was fair and equitable
Daly Law Firm | Arizona Post-nuptial Agreement Law Firm
If you have questions about post-nuptial agreements in Arizona, set an appointment with an experienced post-nuptial agreement Lawyer at the Daly Law Firm to discuss your options. You need an experienced post-nuptial agreement attorney to properly draft your agreement to protect your rights. Don’t hesitate to call me at (480) 607-8308 for a free consultation in our Scottsdale or Phoenix office. We represent clients throughout the state including Fountain Hills, Mesa, Tempe, Chandler, Gilbert, Cave Creek, Carefree, Surprise, Peoria, Goodyear and Glendale.