CALL US (602) 649-1325
Postnuptial Agreements in Arizona
How We Can Help With Your
Postnuptial Agreement
A postnuptial agreement is like a prenuptial agreement except that it occurs during the marriage. It allows the parties to define how they will hold property while they are married.
As you know, Arizona is a community property, meaning that anything either party acquires during marriage—whether it be money, an asset, or a debt, belongs to each party, essentially one half to each party.
But that is not how everyone wants to hold their property. Some couples are of the belief that keeping finances separate leads to a happy marriage. In other instances, one spouse might not want to be liable for the other spouse’s actions. In some cases, one party has just received a large inheritance and wants to assure it remains their separate property in the event of a divorce.
A postnuptial agreement is an effective solution for those couples looking to escape Arizona’s community property laws.
The process of obtaining a postnuptial agreement is the same as that of a prenuptial agreement: The parties must disclose to each other their full financial picture. And there must be an opportunity to negotiate with an opportunity to hire counsel for negotiating, if necessary.
The terms of the agreement can deal with the division of some or all community property, may confirm that separate property belongs to one of the spouses, and can determine an amount for spousal maintenance. It cannot include terms regarding legal decision-making and parenting time (a.k.a. custody of the children).
The risk of a postnuptial agreement is that it might not hold up in a divorce proceeding. During a divorce, the person who wants to enforce a postnup has the burden of persuading the Court to uphold the agree. In this way, it is different from a prenuptial agreement which is presumed to be valid and the burden is on the person challenging the prenuptial agreement.
Don't Take Our Word For It,
See What Our Clients Have To Say.
Any issue or question I have has always been answered. I am super grateful to Jillian because I feel like I have someone by my side 100% of the time.
Throughout this entire process, everyone at the firm treated me with the courtesy and respect that you would extend a lifelong friend, and for that humble gesture I shall remain forever grateful . . .
The best at what they do! Im so impressed by the knowledge Stephen has off the top of his head. The whole crew is amazing . Would highly recommend them.
I've never met such a passionate, organized, and responsive group of attorneys. Family law matters can be emotionally and legally challenging but this group stands out as the place to go to get great help
The team that works here is professional, timely, and has your best interests at the root of every decision. They work tirelessly and have an amazing array of experience to act on your behalf..., they’d always be my choice!
Highly recommend this firm for family law disputes. The efforts that they put forth to a case are some of the best that you can get, but they also know how to really work with a client and make it feel like a team atmosphere
I know some of the lead attorneys at State 48 Law Firm, and have complete faith and trust in their knowledge and professionalism. I would trust them implicitly, with my own legal needs.
Excellent team of attorneys. Everyone has a wealth of experience and a great depth of legal knowledge. I would highly recommend this firm to anyone.
I can't recommend State 48 Law Firm enough. They have a great team of experienced attorneys, although I highly recommend Bryce Johnson! He has a wealth of family law knowledge and will fight for you.
I've known and worked with State 48 attorney Bryce Johnson for several years and know him to be a considerate and tactful attorney who fights tooth and nail for his clients. I would recommend State 48 for your family law needs!
Everyone at State 48 Law Firm is great! Jillian Hansen will take the time to educate you about the process while showing empathy for the situation.
State 48 Law includes a very experienced team of lawyers who will work tirelessly for you. I would recommend their team, and specifically Bryce Johnson, to anyone.
During one of the most difficult periods in your life, it is imperative to find a lawyer and a law firm, who can look after your interests.
I’ve worked with this Team before & can’t say enough about their professionalism & constant communication. Highly recommend State48 for anything family law.
Ankita takes her time, is very responsive, and shows that she does care. You don’t usually find that compassion in a lawyer. I can’t thank her enough for helping us through our case and I highly recommended her!
Contact State 48 Law
We offer in-person, video, and phone consultations.
North Scottsdale Office
14500 N Northsight Blvd Ste 313, Scottsdale, AZ 85260
East Valley Office
3133 W Frye Rd, Ste 101, Chandler, AZ 85226
