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Some engaged couples consider prenuptial agreements, for a variety of reasons. Some married couples also consider postnuptial agreements as a precautionary way to clarify ownership of assets and financial responsibilities in a marriage. A postnuptial agreement would take effect in the event of a breakup of the relationship, but can also be used as a way for married couples to lay out their expectations about property and financial responsibilities during the marriage.

Is a Postnuptial Agreement Right for You?

An experienced family law attorney can help you and your wife or husband sort out the pros and cons of agreeing to a postnuptial agreement. A post-nuptial agreement can spell out your intentions in great detail. Your agreement can specify ownership of assets, payments of debts or any other legal aspect of the life partnership of two individuals that marriage represents.

Examples of situations that lead some couples to formalize postnuptial agreements are as follows:

  • One spouse is starting a business , and wants to limit the other spouse’s potential liabilities with regard to that business.
  • A couple in a troubled marriage is attempting to reconcile and rebuild their marriage — perhaps going through counseling and therapy. They may believe that creating a postnuptial agreement will eliminate or reduce some material areas of conflict. A trial agreement can let the couple focus on personal matters without the complications of money and property disagreements. A post-nuptial agreement can clarify who is responsible for paying bills. It may remove concerns about community waste of marital assets during a time of reconciliation.
  • One spouse is about to receive an inheritance. Although an inheritance is normally considered to be separate property, there are situations where it could become a mixed-character asset. A post-nuptial agreement allows the couple to clearly define how ownership of the inheritance will be delineated.
  • A thoughtful couple, engaged in comprehensive estate planning , wants to build in contingency plans for all assets under all potential future situations, including personal or business complications that may arise while both are still living and still married to each other.
  • A married couple wishes to formalize debt allocation or a bill and expense payment plan.

Comprehensive Family Law Solutions in Arizona

At Lasiter & Jackson, we provide understanding and compassion for the delicate issues associated with family law matters for clients throughout Arizona, including Maricopa County. Divorce as a possibility is something that many married couples prefer to ignore. However, for many of our clients in the area of Phoenix, postnuptial agreements, attorney counsel and estate planning help them safeguard assets through all stages of their relationships.

We are committed to delivering value for each of our clients, beginning with a qualified, professional case assessment at a reasonable cost. Contact our Maricopa County divorce and family law office in Phoenix to discuss your concerns with an experienced lawyer knowledgeable in how to craft and formalize enforceable prenuptial or postnuptial agreements.


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