Post-nuptial Agreements

A postnuptial agreement is a written agreement between a married couple which identifies their respective rights regarding certain property.

A postnuptial agreement can be used to resolve financial issues both during marriage as well as in the event of a dissolution of their marriage (divorce).

It can address the spouses ownership rights in current and future assets. It is different from a separation agreement which is entered in resolution of a divorce. A post-nuptial agreement is also different than a prenuptial agreement which is entered prior to marriage.

Spousal Rights for Post-nuptial Agreements in Arizona

Arizona law recognizes the right of spouses to determine their rights in property presently and prospectively by a post-nuptial agreement, but such an agreement must include built-in safeguards to ensure the agreement is free from any fraud, coercion, or undue influence; that the parties acted with full knowledge of the property involved and their rights therein; and that the agreement is fair and equitable.

There are many reasons why a married couple may decide to enter into a post-nuptial agreement. Most often, a postnuptial agreement is used to resolve a financial dispute between spouses, such as when one party believes a particular investment or purchase is a good idea while the other spouse does not.

Post-nuptial agreements are often incorrectly associated with marriages that are struggling. This is not necessarily the case. A well-drafted post-nuptial agreement that treats each spouse fairly in relation to property or debts actually can help strengthen a marriage.