Benavidez Law Group, P.C., An Arizona Firm

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Benavidez Law Group, P.C., An Arizona Firm

520-314-8954

Responsive, Knowledgeable Attorneys

Thomas and Elisabeth Benavidez

Building Effective Prenuptial And Postnuptial Agreements

Planning for the future is an important part of any marriage. Prenuptial and postnuptial agreements can help considerably with this. These agreements are sometimes misunderstood as signs of distrust. However, they are actually practical tools that can help protect both parties and ensure clarity in financial matters. At Benavidez Law Group, P.C., we help clients in Tucson and southern Arizona get prenuptial and postnuptial agreements in place that fit their goals. 

Our prenuptial agreement attorney, Lisa Benavidez, is a certified family law specialist per the State Bar of Arizona. When you turn to her for postnuptial or premarital agreement counsel, you can count on personalized support and open communication. She will take a hands-on approach to meeting your unique needs and she and the rest of our team will always promptly answer your calls. 

How Do Prenups And Postnups Differ?

Prenuptial and postnuptial agreements serve similar purposes, but have some key differences. Both agreements outline how property and debts will be handled during the course of marriage and if divorce occurs. However, you form a prenuptial agreement before marriage, while you form a postnuptial agreement the marriage’s start begun. Additionally, in Arizona, prenuptial agreements are governed by the state’s Uniform Premarital Agreement Act, while postnuptial agreements are not. Our Arizona prenuptial agreement attorney can answer questions you have on these two agreement types and their differences. 

What Is Required To Form A Prenup Or Postnup?

In Arizona, prenuptial and postnuptial agreements must be in writing and signed by both parties to be valid. Our prenuptial agreement attorney can help you with meeting these requirements and addressing other key formation issues. 

Are These Agreements Enforceable In Court?

Generally, prenuptial and postnuptial agreements are enforceable. However, there are some exceptions under Arizona law. For example, in Arizona, a prenuptial agreement will typically not be enforced if it wasn’t agreed to voluntarily or there weren’t proper financial disclosures and the agreement was unconscionable at the time of its signing. Our marital contract lawyer can help you with all the steps of creating enforceable prenups and postnuptial agreements.

Common Prenuptial And Postnuptial Agreement Terms

There are a wide range of terms such agreements can include. This includes provisions that

  • Designate what is separate property
  • Lay out how property will be divided in the event of a divorce
  • Address alimony/spousal support (such as spousal support waivers)
  • Address ownership of a business 
  • Specify how property will be managed during the marriage
  • Address marital debts

Tailoring agreement terms to your unique situation is crucial. It is also important to ensure the terms of your agreement work well with and don’t contradict other key legal documents, such as your estate plan. Our Tucson prenuptial agreement attorney can explain your options, guide you through term negotiations and draft customized agreements for you.  

What Are Such Agreements Not Allowed To Do?

There are limits to what prenuptial and postnuptial agreements can address. For example, in Arizona, such agreements cannot dictate child custody or child support arrangements. They can also not include terms that violate public policy. Our premarital agreement lawyer can help you with keeping your agreements free of provisions that are impermissible. 

Can You Modify A Prenup Or Postnup?

Yes, Arizona law allows for the modification of prenuptial and postnuptial agreements. To make such changes, you need to put them in a written document and have both parties sign it. One common approach to this is to simply form a new postnuptial agreement containing the specifics of the modification. Our Tucson postnuptial lawyer can assist you with the process of modifying postnuptial agreements or prenuptial agreements.

Get The Trusted Legal Help You Deserve

Turn to us for comprehensive postnuptial and prenuptial agreement services. Our prenuptial agreement attorney stands ready to help you pursue your unique marital property protection goals. Reach out to us today by emailing us or calling 520-314-8954.