Established Family Law Attorney Drafts Postnuptial Agreements
Reliable documents to resolve financial disputes during your marriage
Studies have shown that the leading cause of marital arguments is money. Disagreements about how money should be spent or invested, or whether property should be kept or sold, can tear a marriage apart. Rather than let money or property issues erode your relationship, take a practical step toward a lasting resolution with a postnuptial agreement. Mark Cord is a knowledgeable attorney who has served clients in and around Scottsdale, Arizona for more than 40 years. He has the skill and experience to help you negotiate and draft a solid postnuptial agreement that settles nagging financial issues and gives you and your spouse peace of mind.
How does a postnuptial agreement differ from a prenuptial agreement?
Prenuptial agreements have become fairly standard in recent years, especially among two-career couples who want greater financial security in the event of divorce. A prenup is a negotiated agreement before a marriage takes place that can cover a range of issues, including the division of the couple’s property and alimony. In community property states like Arizona, couples use prenups to establish the separate ownership of certain assets. That way, if the couple does get a divorce, the separate property remains with its owner and is not divided with the other spouse.
A postnuptial agreement is essentially the same type of contract, but the spouses are already married when they go through the process of drafting one.
Reasons to consider a postnuptial agreement
Couples who negotiate postnuptial agreements are not necessarily contemplating divorce. In fact, most are trying to strengthen their marriage by reducing any anxiety they have over finances. Common reasons to create a postnup include:
- One spouse’s financial reversal has put pressure on the marriage.
- A spouse’s rampant spending has dissipated the marital estate.
- One spouse has received a large cash inheritance.
In the final example, imagine the couple would like to use the money to remodel their home. That kind of use could be seen as commingling the assets, so the inheritance would no longer belong solely to the spouse who inherited. A postnuptial agreement could stipulate the funds were loaned to the marital estate to remodel the house, so the funds would have to be repaid if the couple happened to divorce.
What makes a postnuptial agreement valid in Arizona?
The Arizona Supreme Court has ruled that marital agreements, both prenups and postnups, are valid provided they are “free from any taint of fraud, coercion or undue influence.” However, the court still will not enforce a validly formed agreement if doing so would defeat the court’s purpose of overseeing a fair and equitable division of property. Therefore, the process for creating a valid marital agreement must be open, transparent, and completely voluntary, and the terms of the agreement must be objectively fair. As a divorce and family law attorney for more than 40 years, Mark Cord is ready to help you and your spouse form a valid postnuptial agreement that reflects your wishes and that the courts will enforce.
Contact a reputable Scottsdale lawyer for postnuptial agreements
Don’t let anxiety over financial matters threaten your marriage. You can rely on attorney Mark Cord in Scottsdale, Arizona to help you create a postnuptial agreement that addresses your concerns and gives you peace of mind. Call Mark at 480-994-0345 or contact his firm online to schedule your free initial consultation.