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Postnuptial Agreements: Protecting Your Assets After Marriage in Arizona

How to Protect Your Assets After Marriage in Arizona?

When couples marry, they often expect to share their lives and assets.

However, circumstances can change, and what was once a shared vision might need adjustment.

A postnuptial agreement is a type of marital agreement that can offer couples a way to protect their assets and address financial concerns that arise after marriage. 

Given that Arizona is a community property state, such agreements are particularly useful in ensuring that individual assets remain separate and are not inadvertently converted into community property during the marriage.

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What is a Postnuptial Agreement?

A postnuptial agreement is a legal contract entered into by spouses after they are married.

It outlines the division of assets, debts, and financial responsibilities during a separation or divorce.

Unlike a prenuptial agreement, created before marriage, a postnuptial agreement is formed during the marriage, often in response to changing financial circumstances or personal needs.

Over recent years, couples opting for postnuptial agreements have noticed a noticeable increase.

According to legal experts and family law practitioners, this trend reflects a growing awareness among married couples of the importance of protecting their assets and clarifying financial responsibilities.

This trend has been observed in various legal discussions, including reports from the American Academy of Matrimonial Lawyers (AAML) and other family law organizations, noting that more couples seek to formalize their financial arrangements after marriage as a proactive measure against potential disputes.

If you’re considering this option, a legal paraprofessional from De Novo Law will help you navigate Arizona family law with confidence and care.

Why Consider a Postnuptial Agreement?

There are several reasons why couples might consider a postnuptial agreement:

  • Asset Protection: One spouse may have acquired significant assets or inherited wealth during the marriage that they wish to protect.
  • Debt Management: A postnuptial agreement can clarify how existing or future debts will be handled, potentially safeguarding one spouse from the other’s liabilities.
  • Business Ownership: If one or both spouses own a business, a postnuptial agreement can establish how the company will be treated in case of a divorce.
  • Marital Strain: Couples experiencing marital difficulties might use a postnuptial agreement to set clear expectations, potentially improving their relationship by reducing financial stress.

In Arizona, postnuptial agreements must meet specific legal criteria to be considered valid and enforceable by the family court:

  1. Voluntary Agreement: Both parties must willingly enter the agreement without coercion, pressure, or undue influence.
  2. Full Disclosure: Both spouses must fully disclose all assets, debts, and financial obligations. Any hidden assets could invalidate the agreement.
  3. Fair and Equitable: The agreement should be fair and not excessively one-sided. Arizona courts may reject an agreement deemed to be unjust.
  4. Written and Signed: Both parties must sign the agreement in writing. Arizona courts will not recognize oral agreements.

Arizona Revised Statutes (ARS) §25-317 may apply by analogy to postnuptial agreements, particularly regarding the court’s role in reviewing agreements for fairness and voluntariness.

Standard Provisions in Postnuptial Agreements

A well-drafted postnuptial agreement may include various provisions tailored to the couple’s unique situation.

Some common provisions include:

  • Division of Property: Clear terms on how property, including real estate and personal assets, will be divided upon divorce.
  • Debt Allocation: Designation of responsibility for existing and future debts.
  • Spousal Support: Agreements on alimony or spousal maintenance, either waiving it or setting specific terms.
  • Inheritance Rights: Provisions that may protect or alter the inheritance rights of children from prior relationships.

Enforcing Postnuptial Agreements in Arizona

Enforcement of a postnuptial agreement in Arizona depends on the court’s determination that the agreement meets all legal requirements and is fair to both parties.

Arizona courts have broad discretion in enforcing or modifying these agreements, mainly if circumstances have changed significantly since the agreement was signed.

To ensure enforceability, both spouses must have independent legal representation during the drafting and signing the postnuptial agreement.

This helps protect each spouse’s rights and demonstrates that the agreement was made voluntarily and with full knowledge of its implications in the event of a divorce.

Stephanie Villalobos, LP

Contact De Novo Law Today Regarding Postnup Agreements

Postnuptial agreements can be a valuable tool for couples looking to clarify their financial arrangements, protect their assets after marriage, and for peace of mind.

However, they require careful drafting and a thorough understanding of Arizona’s legal requirements to ensure they are fair and enforceable. 

At De Novo Law, we specialize in assisting couples with the complexities of postnuptial agreements, offering guidance tailored to your unique situation.

Contact us today to schedule a consultation and take the first step toward protecting yourself and your family.

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DISCLAIMER: The content of this site is for informational purposes only and is not intended to provide legal advice.  De Novo Law, LLC and its Legal Paraprofessionals are not attorneys and are not authorized to provide legal advice or representation beyond the areas and scope of practice for which license is held.  The transmission or receipt of any electronic correspondence or information does not create a legal paraprofessional-client relationship.

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