Separation Agreements in Arizona
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Separation Agreement
A Separation AgreementAn agreement made by a couple when they separate regarding how their affairs will be handled. A separation agreement that is put into writing will be upheld by the Court and incorporated into the Decree so long as it is not unfair. See A.R.S. § 25-317.Read more about Separation Agreement is an agreement that the parties can enter into at the time they separate or divorce. It must be in writing to be enforceable. The Court can reject a separation agreement only on the BasisA tax term describing the price a taxpayer paid to acquire a property. When a property or asset is sold, basis is deducted from the selling price to determine whether there is a taxable gain or loss. For items awarded in a divorce, those items are not taxed as part of the divorce…Read more about Basis that it is unfair, but a TrialA court hearing in which evidence and testimony are taken, and the Court makes a final determination of the issues raised in a petition. Trials and evidentiary hearings are somewhat synonymous, but the difference is one of scope: Evidentiary hearings are more limited in scope…Read more about Trial must be held before that conclusion can be made.
Otherwise, state law requires the Court to set forth the agreement into the Decree.
Unlike postnuptial agreements, a Separation AgreementAn agreement made by a couple when they separate regarding how their affairs will be handled. A separation agreement that is put into writing will be upheld by the Court and incorporated into the Decree so long as it is not unfair. See A.R.S. § 25-317.Read more about Separation Agreement can include agreements regarding the children. But these agreements are not binding on the Court. The Court can, however, include the parties’ agreements regarding Legal Decision-MakingThis is the right to make decisions on behalf of the child when it comes to decisions involving the child’s health, education, religion, or personal care. It does not include the right to dictate the child’s parenting time schedule or place conditions on the other parent’s time.…Read more about Legal Decision-Making and Parenting TimeThis is what it sounds like—this is when it’s the parent’s time with the child(ren). See A.R.S § 25-401(5). Prior to 2012, it was known as physical custody.Read more about Parenting Time (custody) upon a finding that the agreement is reasonable with respect to those terms.
What makes a separation agreement enforceable? The same thing that makes a contract enforceable. In legal terms, that means there must be an offer, acceptance, ConsiderationWhat a party is required to give up under the terms of a contract. Both sides must have consideration in order for a contract to be valid and enforceable. For example, A and B agree that A will walk B’s dog for $10. A’s consideration is the $10 that A is giving; B’s consideration…Read more about Consideration (i.e., both sides are giving something up), and an actual agreement (in legal terms, “mutual assent”). Additionally, the agreement needs to be in writing, needs to be specific enough for the Court to understand each parties’ obligations under the agreement, and needs to be signed by both parties. Email signatures count as a signature.
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