Protecting Your Assets And Your Rights Before You Marry
Many couples decide to make plans for their future before the wedding in the event that the marriage does not work out. Because Arizona is a community property state, a prenuptial or premarital agreement allows a couple to decide what will happen to their property and debts in the event of separation, divorce or death. These agreements are especially useful to people who have been married before and have children from a previous marriage, or perhaps, have substantially unequal assets going into the marriage. The premarital agreement must be in writing and signed by both parties.
Provisions that a premarital agreement can include are:
- Each person's rights to property and assets the couple purchases or sells during the marriage
- Decisions on the division of property and assets prior to the couple separating, divorcing or one passing away
- The modification or elimination of spousal support
- The creation of a will or trust to carry out the actions put forth by the prenuptial agreement
- Ownership and disbursement of life insurance policies, retirement benefits and other assets
- How the couple will conduct a divorce, if they choose to do so in the future
- Any other matter, including the couple's personal rights and obligations
The mother-daughter team of lawyers at Stolar & Pollins, PLLC, can help you create a premarital agreement to fit your needs and goals. We will advise you as to what a premarital agreement must include, including the disclosure of all property, assets and debts prior to the marriage so that a court will not find the agreement to be "unconscionable" or unreasonable, should you ever need to enforce it.
We recommend that each individual has his or her own attorney review the final document to ensure he or she has adequate representation and counsel at the time of signing.
Pima County Post-Nuptial Agreement Attorneys
After the marriage ceremony has occurred, Stolar & Pollins can also draft a post-nuptial agreement for you after you have married. These are particularly useful if one of you has received a substantial inheritance or started a business. The Arizona laws surrounding post-nuptial agreements are very different so we strongly recommend consulting with a lawyer as part of the process.
Contact Stolar & Pollins To Schedule A Consultation
Contact us to discuss your unique family law situation and discover how our breadth of services can help you achieve your goals. Our lawyers are accommodating to your needs. We can be reached by phone at 520-441-6846, and we return phone calls promptly.