Postnuptial Agreement Arizona Statute

Postnuptial Agreement Arizona Statute: What You Need to Know

A postnuptial agreement is a legal contract that a couple can enter into after getting married. Similar to a prenuptial agreement, a postnuptial agreement lays out how a couple`s assets and debts will be divided in the event of a divorce or separation. However, postnuptial agreements are signed after the wedding, while prenuptial agreements are signed before.

Arizona is one of many states that recognizes postnuptial agreements. In fact, the state has its own set of laws and regulations when it comes to these agreements.

Here is what you need to know about postnuptial agreements in Arizona:

1. The agreement must be in writing

According to Arizona statute, postnuptial agreements must be in writing. Verbal agreements will not be recognized in court. The agreement must also be signed by both parties, preferably in the presence of a notary public.

2. Both parties must disclose their assets and debts

To ensure the fairness of the agreement, both parties must provide a full disclosure of their assets and debts. This includes all bank accounts, investments, real estate, and any other property. If one party fails to disclose all of their assets, the agreement may be deemed invalid.

3. The agreement must be fair and reasonable

The court will examine the agreement to ensure that it is fair and reasonable for both parties. If the agreement is found to be unfair or one-sided, it may not be enforceable. The agreement must also be entered into voluntarily by both parties, without any coercion or undue influence.

4. Child support cannot be waived

In Arizona, child support cannot be waived in a postnuptial agreement. The court will always prioritize the best interests of the child, and will not allow parents to waive their child support obligations.

5. Spousal maintenance can be waived or limited

Spousal maintenance, also known as alimony, can be waived or limited in a postnuptial agreement. However, the court will examine the agreement to ensure that the waiver or limitation is fair and reasonable. The agreement cannot leave one party destitute or unable to support themselves.

In conclusion, postnuptial agreements can be a useful tool for married couples in Arizona. However, these agreements must be entered into voluntarily, with full disclosure of assets and debts, and must be fair and reasonable for both parties. If you are considering a postnuptial agreement, it is important to consult with an experienced family law attorney to ensure that your rights and interests are protected.