San Tan Valley Marital Agreements Lawyer

San Tan Valley Marital Agreements Attorney

In Arizona, it is important to protect yourself and your assets when entering into marriage. Assets not protected by marital agreements are subject to a fifty-fifty split in the event of a divorce. Whether you are about to enter or have already entered into a legally binding marriage, a San Tan Valley marital agreements lawyer can help you protect your assets.

Why Choose Us

If you have assets, property, accounts, debts, or other financials to protect, a marital agreement might be right for you. Proudly serving the areas of Chandler, Gilbert, Mesa, and Queen Creek, and with over 25 years of legal experience, we are dedicated to meeting your needs. A lawyer at CDM Law Firm, an affiliate of Elysium Legal AZ, can help you today.

Marital Agreements in San Tan Valley

There are two main types of marital agreements: prenuptial and postnuptial. A prenuptial agreement is a legal agreement that parties enter into prior to getting legally married. This agreement clearly states the rights both parties have in the event of divorce or legal separation, where their assets are concerned. A postnuptial agreement is similar in many ways to the premarital agreement, except it is agreed upon and drafted after getting legally married.

Both agreements must be agreed upon and signed by both parties while they are of sound mind. Both spouses must also be fully aware of the agreement they are signing.

These agreements are designed to:

• Protect both parties and their assets
• Provides answers to difficult questions for a variety of life events
• Ensures both parties maintain their agreed-upon assets that might otherwise be equally divided.

What Is Covered in a Marriage Agreement

The contents of a marriage agreement will vary depending on your specific needs. Here are some common topics or items defined in these agreements:

• The fate of premarital or inherited assets if a divorce occurs
• How retirement assets will be split
• Entitlement to accounts during marriage and in the event of separation
• What happens to assets in case of death
• What happens to assets in the case of children, family planning, or infidelity

If you have existing wills or estate plans, it is important to be aware that a divorce does not automatically negate those agreements, but it does revoke certain provisions under Arizona Revised Statutes (ARS) 14-2804. Your CDM Law Firm marital agreements attorney can help navigate the most effective path forward if other legally binding agreements contradict the premarital or postnuptial agreement.

Why You Should Have a Marital Agreement

While prenuptial or postnuptial agreements sometimes come with assumptions that one party is more well off than the other or has more to lose if the marriage ends, that is simply not the case for many who simply want to decide on things like the division of assets while they are in a good place. Many other instances benefit from marital agreements, including:

• Couples with many assets. This doesn’t necessarily equate to an imbalance in wealth. One partner might own a business, while the other has a portfolio of financial assets. The goal of our San Tan Valley marital agreements lawyer is to protect all assets to the satisfaction of all parties involved.
• Couples with children from other partners. Blended households or families should ensure their wishes and assets are clearly stated for children from previous partners, or to address previous agreements or arrangements with the prior partner.
• Couples who marry later in life. Many of us build wealth, savings, assets, portfolios, and families throughout our lives. Marrying later in life means many of these accomplishments will enter into the marriage with you, so it is vital to protect those assets and your legacy.

How a Lawyer Can Help You

When you’re in the process of planning your marriage or if you’re already married, a marital agreement can be an important aspect of your relationship with your partner. A lawyer from our firm can help you draft your marital agreement so that it addresses all relevant matters and ensures it is both legally valid and fair to both parties.

FAQs

Are Marriage Agreements Legally Binding in Arizona?

Yes, under ARS Title 25, a marriage agreement in Arizona is legally binding if it is in writing and signed by both parties. Once signed, the agreement is considered enforceable upon the union of the two parties. The agreement is not enforceable if it is not signed voluntarily or if it is proven that the agreement is unconscionable.

What Rights Does a Spouse Have in a Marriage?

In Arizona, a spouse has a fair share of rights to marital property, finances, and legal protection unless a marriage agreement is established. There has been a recent uptick in the drafting of prenuptial agreements in the country, about 42% of which are initiated by women as they continue to grow in professional fields.

Does a Prenup 100% Protect You in Arizona?

No, a prenup does not protect you 100% in Arizona. Like any legal agreement, a marital agreement can be contested or challenged in court. This is why it is important to make sure your marriage agreement is sound, fair, and drafted with the care and detail of a San Tan marital agreements lawyer.

What Money Can’t Be Touched in a Divorce?

Unless otherwise defined in a marital agreement, the money that cannot be touched in a divorce includes any assets owned prior to marriage and gifts or inheritance received by one spouse. Separation does not nullify a marriage, and any assets acquired during a separation might be subject to asset valuation during divorce.

Hire a Marital Agreements Lawyer

While marital agreements might not be happy topics to ponder, especially before or in the haze of wedding bliss, having the answers now will save emotional stress and conflict later if the worst comes to pass.

If you would like to begin the process of drafting an agreement, or if your marital agreement is being contested at the Pinal County Superior Court in Florence, we can help you.

Marriage should be a topic of joy and optimism in your life. Let us handle your marital agreements so that you can focus on the joy of the present. Contact CDM Law Firm today to hire a marital agreements lawyer.