Prenuptial and Post-Nuptial Agreements

Arizona Family Law Attorneys

Many people's first reaction to the suggestion of a prenuptial agreement is negative one. That response arises because they don't understand the peace of mind that a prenuptial agreement can bring to both parties.

The truth is, a prenuptial agreement protects the financial interests of both parties in the marriage, not simply one party. It allows the couple to talk about financial matters, ownership issues, and heirship concerns. If one of the parties dies without a will, the prenuptial or postnuptial agreement defines how assets were intended to be dispersed.

Prenuptial agreements are an excellent tool that should be considered by:

• Persons entering a second marriage with children from a first marriage,
• Individuals who own a business or have significant financial interests in a business
• Persons who had a difficult prior divorce and now feel the need for greater financial security prior to remarriage
• Couples where one partner is entering the partnership with considerable debt or is undertaking a risky business venture

If you are contemplating marriage and are considering a prenuptial agreement, contact the Law Offices of Scott David Stewart. Our experienced family law attorneys can help you consider the pros and cons of a premarital agreement and help you develop and agreement that works for your particular needs. From our Phoenix and Chandler law offices, we help couples across Maricopa County.

Post-Nuptial Agreements

A post-nuptial agreement is very similar to a premarital agreement, but it is created after the marriage. A couple may enter into a post-marital agreement if they forgot to include some assets in their initial premarital order, or if circumstances changed and the parties wished to formalize their preferences regarding those changes. For example:

• If one partner owned a business prior to the marriage and wished to ensure the business and it's growth was inherited by family members rather than an uninvolved second spouse.
• If a partner was starting a new and risky business venture and the other spouse wished to be protect the home or his/her share of assets

In order for a premarital or post-nuptial agreement to be valid, it must be prepared properly. By working with a skilled and experienced attorney, you can have confidence that your agreement is valid. Contact our office to schedule a consultation with a family lawyer. We can answer all your questions.