What Does A Postnuptial Agreement Cover?
A postnuptial agreement is a legally binding agreement that a married couple agrees to. This agreement will establish how each spouse's assets will be divided in the case of a separation or a divorce. It can also include what the amount of spousal maintenance should be for one of the spouses and the division of debt. You can technically draft your own postnuptial agreement and sign it with your spouse, but that is not the recommended practice. As mentioned below, the enforceability of postnuptial agreements can be tricky. Because of this, you should not draft your postnuptial agreement without an experienced family law attorney. You don’t want to make any mistakes or leave any holes in the agreement that could cause it to be unenforceable down the line.
Enforceability of Postnuptial Agreements
There are certain circumstances that a court in Arizona would refuse enforcing a postnuptial agreement. For the postnuptial agreement to be enforceable, the agreement should be fair and equitable. There should be no fraud and both parties will need to enter the agreement on their own free will. If either party is coerced, then the agreement will not be enforceable.
It is also important that both parties are fully informed and aware of what is in the postnuptial agreement. If all the terms mentioned above are met, then the court will allow for assets to be divided according to the plan outlined in the postnuptial agreement. Because of this, you should not draft your postnuptial agreement without an experienced family law attorney. It is very important to have an experienced attorney review draft or review your postnuptial agreement so that there are no mistakes that could leave a hole in the agreement and could cause it to be unenforceable down the line.
How Can A Family Law Attorney Help?
Our legal team’s goal and responsibility is to gather all of the resources necessary to get you the best outcome possible for your family law case. Once you decide to retain our team, you can expect the stress to be off your shoulders. Our team will hold all of the stresses that come with a family law matter.
To get started, schedule a consultation with one of our family law attorneys so that we can evaluate your case. In your consultation, we will help you understand what your next steps need to be.
Kaine is a Rock-star family lawyer. He provided great guidance and very quick responses to all of my inquires during my divorce process. My matter was settled fairly and much quicker than even I expected. Kaine's paralegal Amica was fantastic and on top of everything! I would strongly recommend the team from Rose Law to anyone going through this process.
Kaine was very informative, thorough and compassionate with a very intricate lengthily divorce that I was in. I found him to be very understanding and forthcoming with all the legalities and explaining them to me in an insightful manner. He was willing to fight for my rights. I have already recommended him to a couple of my friends to use.
Kaine represented me in a "not so typical" family law case. He has a wonderful bedside manner, listens, and made me feel like my concerns were valid (even if they weren't:) If he wasn't an expert on an issue we were facing, he made sure to bring one in. I appreciated that. He worked with me and was flexible and made sure I was in good hands all along the way.
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