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Scottsdale Prenuptial Agreement Lawyers

Careful Drafting of Pre-Marital and Post-Marital Agreements

Prenuptial agreements can be a touchy subject, but they should be viewed as a sort of insurance policy to protect your assets, your family inheritance or your children's legacy. Especially when one partner brings significant wealth to the union, a prenuptial agreement or similar post-marriage contract is a prudent and reasonable request.

The experienced attorneys of Childers & Huey PLC write prenuptial and post-nuptial agreements that provide both protection and direction in the event of divorce. We have represented licensed professionals, business owners, corporate executives, professional athletes and other high earners with too much at stake to enter marriage in a community property state without these practical precautions. We likewise counsel the less monied fiancé/fiancée who has been presented with a prenuptial agreement.

Scottsdale Prenuptial Agreement Attorneys

A prenuptial or premarital agreement spells out what property is separately owned by each party and what each party would receive in a divorce. It can be tailored to your desires and your situation:

  • It may simply say that the divorcing parties take away what they had prior to marriage.
  • It may stipulate that one party keeps the house, the business, etc.
  • It may provide for a percentage of assets or a set amount of monthly maintenance.
  • There may be an escalator clause based on the length of the marriage, with the spouse "fully vested" after a certain period of years.
  • There might be a "bad boy/bad girl" clause stipulating that infidelity reduces the ratio or cuts the spouse off from any assets or maintenance.

A post-nuptial (post-marital) agreement is essentially the same thing, except that it is entered at some point after the couple has been married. For example, if one spouse inherits a large sum or receives a substantial settlement from a lawsuit, he/she may want to preserve it.

There are many reasons to enter a marital agreement: to protect a professional practice or business, to keep family-owned assets in the family, to shield wealth from the spouse's creditors, and to segregate inheritances for children from the first marriage and any children from the second marriage.

We occasionally litigate pre- and post-marital agreements on both sides of a contested divorce, and this helps us in drafting clear and ironclad agreements for our clients on the front end. To be enforced, a prenup or post-nup must provide complete financial disclosure and both parties must have adequate time to make a reasoned decision and review it with legal counsel.

Arizona Prenuptial and Post-Nuptial Agreement Attorneys

We carefully prepare these documents to comply with the laws of Arizona and provide comprehensive protection of separate property. Whether you are entering an agreement or defending or challenging a prenuptial in divorce, our divorce lawyers have the knowledge and experience to safeguard your interests.

For an appointment, please call the Childers & Huey firm at 480-624-2776 or contact us online.