Add Required Fillable Fields Legal Arizona Postnuptial Forms For Free

If you and your spouse had a prenuptial agreement, but it's now out of date, you might also be interested in working with a lawyer to create a postnup. While you can write your own postnup agreement, it's important that it meets all of the legal requirements to be valid.

Whether it's about securing your financial future, clarifying marital responsibilities, or simply having peace of mind, a postnuptial agreement can be a beneficial legal tool for married couples. However, it's important to weigh its advantages against its potential drawbacks.

While it is entirely possible to construct your own postnuptial agreement, it is not typically recommended. There are pros and cons to writing your own postnup and why you might benefit from an attorney's input.

Any concealment, deception, or fraud will likely result in the postnuptial agreement being invalidated in court. Family law courts must also believe that the agreement is fair. If a judge believes that the postnup is significantly biased or unfair to one spouse, the document may not stand up in court.

Family courts in Arizona will honor postnuptial agreements if and only if they are properly drafted, are not signed under duress, and are fair for both parties. While there is no statute validating and making postnuptial agreements enforceable, the agreements are valid by virtue of precedent cases.

Postnuptial agreements will be seen as invalid if they do not have voluntary consent or were created under duress. They can only be enforceable if the court considers them valid. Even if deemed valid, a postnuptial agreement is not considered the final say on the matter of property division.

A postnuptial agreement is void if it was not voluntarily and intentionally signed by both parties, or if one spouse was coerced or threatened into signing it. If one or both parties are under duress at the time of signing, the postnuptial agreement may be rendered invalid.

What Cannot Be Included in a Prenuptial Agreement? Child Custody, Visitation or Support. Waiving the Right to Alimony. Illegal Activities. Personal Matters. Provisions That Encourage Divorce. What Can a Prenuptial Agreement Include?

For example, a house bought after a couple gets married is marital property, while a car bought before marriage is separate property. These postnup clauses offer a guide for dividing the couple's joint property without emotions or outside influences getting in the way after the marriage ends.