You have met the love of your life and are planning to get married. Along with wedding plans and contemplating your future together, a thought enters your mind – do I need a prenuptial agreement? That question can only be answered by you. Nevertheless, some important questions about these contracts can be answered by a Phoenix prenuptial agreement lawyer.
What Does a Prenuptial Agreement Usually Cover?
Prenuptial agreements usually address the division of marital assets upon the dissolution of a marriage. Assets usually include checking and savings accounts, any property titled jointly, spousal assistance, division of expenses, and so forth. But keep in mind that a prenup cannot be used for child custody or child support issues. Only a court can decide those issues.
If I Decide to Write a Prenuptial Agreement Myself and My Spouse Signs It, Will a Court Enforce the Agreement?
Under Arizona law, a prenuptial agreement is a contract and must, therefore, comply with all of the requirements associated with a legally enforceable contractual agreement between two parties.
Opting to write your own prenup without the assistance of a Tempe prenuptial agreement attorney exposes you to the risk of your agreement being deemed invalid and void by a court of law. This would mean if your marriage ends and you attempt to enforce an invalid prenup, the provisions within the agreement would carry no weight. Essentially, the document would be treated as though it did not exist.
You need to be sure that not only is the agreement clear and legally sound, but that it can withstand any defenses raised by your spouse, including lack of capacity, duress, coercion, and other defenses that could also result in the agreement being deemed unenforceable.
This is why hiring a Phoenix prenuptial agreement lawyer makes the most sense. In fact, it is highly recommended that both you and your spouse have legal representation to ensure sure that the prenuptial agreement is clear, equitable, and legally binding.
Establish a Framework for a Happy, Productive Future
Prenuptial agreements can be quite beneficial for many couples entering into the bonds of marriage. It encourages both of you to think about your assets, future children, and so forth.
We Are Here To Help
If you are considering entering into a prenuptial agreement, contact the Law Office of Ronald L. Kossack online or call our office at 480-345-2652. Our team will work effectively and efficiently to help draft your prenuptial agreement, providing a fast turnaround time to meet your needs. We serve Tempe, Mesa, and Phoenix areas.