Postnuptial Agreement Lawyer

​A postnuptial agreement is a legal contract signed by spouses after they are already married. It outlines how assets, debts, and potential support will be divided if the marriage ends in divorce or death. It works by superseding default state laws regarding community property to give you control over your financial future.

​The main difference is timing. A prenuptial agreement (prenup) is signed before the marriage begins, while a postnuptial agreement (postnup) is signed during the marriage. However, both serve similar purposes in defining financial rights and protecting assets.

​Yes, postnuptial agreements are generally enforceable in Arizona if they meet specific legal standards. To be valid, the agreement must be fair, entered into voluntarily without coercion, and involve full financial disclosure by both parties.

​For a postnup to be valid in Arizona, it must be in writing and signed by both spouses voluntarily. Both parties must provide a full and fair disclosure of all assets and debts. It is highly recommended that each spouse has independent legal counsel to ensure the agreement is fair and equitable. Unlike prenups, postnups are held to a higher standard because spouses have a fiduciary duty to one another.

You should consider a postnup if your financial situation changes significantly during the marriage. Common triggers include one spouse starting a business, receiving a large inheritance, incurring significant debt, or if there has been marital strife and you wish to reconcile with new financial ground rules.

​You can include almost any financial asset, including real estate, investment accounts, retirement funds, business interests, and personal property. You can also designate specific debts to one spouse, keeping the other spouse protected from liability.

​No. In Arizona, issues regarding child custody and child support are determined by the court based on the “best interests of the child” at the time of the separation. A judge will not enforce clauses in a postnup that attempt to pre-determine these arrangements.

​The cost varies depending on the complexity of your assets and the negotiations required. While it involves an upfront legal fee, it is often significantly less expensive than a contested divorce. Contact Copper State Planning for a specific consultation and quote.

​Yes, it is strongly advised that each spouse retains their own attorney. If one lawyer represents both parties, or if one party is unrepresented, a court may later scrutinize the agreement for conflict of interest or unfairness, potentially rendering it invalid.

​Honesty is critical. If one spouse hides assets or debts during the drafting process, the entire agreement can be invalidated by a judge later. Full financial disclosure is a mandatory requirement for validity in Arizona.

​Yes. A postnup can classify specific debts as the separate obligation of the spouse who incurred them. While this binds the spouses to indemnify each other, it may not stop third-party creditors from collecting on pre-existing community debts, so distinct debt partition strategies are required.

​A postnup defines ownership rights, while a Will or Trust distributes property upon death. However, a postnup can waive certain spousal rights to inheritance, ensuring that specific assets go to children from a prior marriage or other beneficiaries, essentially working hand-in-hand with your estate plan.

​While you can technically draft a document yourselves, DIY postnups are risky and often fail in court. Without specific legal language required by Arizona law, you risk unintentional errors that make the contract unenforceable when you need it most.

​Often, yes. Financial stress is a leading cause of divorce. By settling money matters and defining clear expectations through a postnup, couples often remove a major source of conflict, allowing them to focus on rebuilding their personal relationship.

​Getting started is simple. Contact Copper State Planning to schedule a consultation. We will review your specific financial situation, discuss your goals, and guide you through the process of drafting a comprehensive and enforceable Arizona postnuptial agreement.