Chandler Lawyer | Pre and Post Nuptial Agreements

Our 20+ years experience family law attorney has served families in Chandler, Tempe, Mesa, Gilbert, and Scottsdale, and other cities in the Maricopa County for pre and post-nuptial agreements and other family law matters

Protect your legal assets with nuptial agreement

No one plans to get divorced before they get married. Unfortunately, nearly half of marriages in the United States end in divorce, so it makes sense to at least acknowledge the possibility. Because Arizona is a community property state, prenuptial and postnuptial agreements can be important for couples in Arizona who are concerned about protecting their financial assets in the event of divorce.

How a prenuptial agreement works

A prenuptial agreement is a contract a couple enters into in anticipation of marriage. Creating a prenuptial agreement allows you and your spouse to protect certain assets from being subject to division should you get a divorce later. Many couples find that having created a prenuptial agreement actually helps their marriage get off to a better start because they have learned to discuss and negotiate important financial matters.

A postnuptial agreement is an agreement entered into after a marriage has taken place, but before a divorce is initiated. As with premarital agreements, one or both of the spouses usually is seeking to protect assets or income in the event of divorce.

Why do you need a family lawyer?

The divorce and family law attorneys of Shaffer Family Law in Chandler will work with you to craft an agreement that best meets your needs or review a prenuptial or postnuptial agreement that you've been asked to sign. In the event of a dispute about a prenuptial or postnuptial agreement, we will negotiate or litigate on your behalf.

We invite you to learn more about our legal services regarding prenuptial and postnuptial agreements. Please contact Shaffer Family Law for more information about how we can help.

Do I Really Need an Arizona Prenuptial Agreement

Not all Arizona couples planning to marry need a prenuptial agreement, also known as a “prenup” agreement. However, you don’t need to be wealthy to have a prenuptial agreement. Many couples who could benefit from a prenuptial agreement don’t consider one. Here are a few reasons they should:

First, Arizona is a community property state. Everything that goes into the marital pot is subject to equal division at divorce, whether that would be fair or not. Let’s say your parents gave you and your spouse, as a wedding gift, a brand new car worth $30,000. If you divorce in a year or two, logic dictates that the car should be yours, but under Arizona law, you and your spouse have an equal interest in it. There are numerous other examples where parties could dispute what truly is community property versus separate property. A prenuptial agreement simply allows you to plan for property division based on what you and your spouse would consider fair and address the property items you both have prior to marriage and what would happen to those items in the event of a separation or divorce.

The second reason to consider a prenuptial agreement in Arizona is simply that it’s far less expensive and stressful to agree on something now than it is to fight about it later. This is especially true in the case of businesses or other complex assets. Rather than spending thousands, or tens of thousands, of dollars on appraisals and legal fees in a divorce, for far less you can reach a reasoned, logical agreement on many issues to avoid potential litigation.

A prenuptial agreement provides a proactive plan going into the marriage. A course of action on the occurrence of almost any contingency (including who gets the family pet if the spouses separate). Prenuptial agreements can provide certainty if an important event takes place during the marriage, such as divorce, disability, or even a lottery win.

When Should Couples consider getting a prenuptial agreement when:

They have significant assets;
They have children from previous marriages;
One of them is much wealthier than the other;
One party is much older than the other;
One of the parties owns all or part of a business;
One party is bringing substantial debt into the marriage;
One party is already retired;
One party will be supporting the other to pursue a degree program; or
Either party anticipates a significant inheritance.

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