Postnuptial Agreements
What is a Postnuptial Agreement?
It is a contract between a married couple that decides how their marital property will be divided. In other words, a postnup is a prenup signed after the wedding.
About Postnuptial Agreements
- To have separate finances while married. Every married couple argues about finances. Many marriages end over financial disputes often when one party worries about the impact the other spouse’s decisions are having on their finances. Postnups may not be a cure-all for those situations, but we have seen them reduce that conflict by separating out the finances. In at least one case, we have even seen the postnup save the marriage.
- To update a prenup. Circumstances change during marriage, and terms in a prenup may become outdated. When life changes, the prenup should be updated.
- To protect one spouse’s inheritance. While an inheritance is not community property when it is inherited, it can easily become community property by accident. For example, placing an inheritance into a joint bank account may make it community property. A postnup can set up boundaries to ensure the money one spouse inherits remains their money after a divorce.
- To do what should have been done in the first place. Because of the stigma associated with prenups, some people would rather leave themselves unprotected than have that awkward conversation. But now that they are married, they may find themselves more able to broach the topic of a postnup. Postnups have less social stigma than prenups, and are, therefore, easier to discuss while affording oneself similar protections.
- Marital Community – Property belonging to both parties of the marriage. Unless a prenup is in place, a marital community is automatically started when a party marries. The marital community lasts until the date of service. A postnup can also alter the nature of the marital community.
- Community Property – Arizona’s law that any property or debt acquired by either spouse during the marriage belongs half to one spouse and half to the other, regardless of how it is titled. Exceptions include property owned prior to marriage, property acquired by gift or inheritance, and property in which one spouse waives their interest (most commonly when a spouse signs a Disclaimer Deed as part of a real estate transaction).
- Sole and Separate Property – Property that belongs to only one of the spouses.
- Commingle – An account or asset in which both community funds and sole and separate funds are either placed or used to purchase the property. In those instances, the asset is considered to be community unless the objecting can “trace” out the sole and separate property.
- Asset – Property that is considered to have value.
- Debt – Something that is owed; an obligation.
- Prenuptial Agreement – An agreement entered into prior to marriage that agrees on how to divide the property during a divorce or decides to which property certain will belong during marriage.
- Postnuptial Agreement – An agreement entered into during the marriage. Similar to a prenuptial agreement, the postnuptial agreement sets forth how to divide the property during a divorce or decides to which property certain will belong during marriage.
- Real Property – Any type of real estate, most commonly the marital residence, but it can also include lots, cabins, condos, rentals, and any other property attached to land.
- Constructive disclosure – Where no disclosure takes place, the Court can consider whether the spouse challenging the prenup had sufficient disclosure by happenstance to make his or her agreement “voluntarily and knowing.” In one Arizona case, a wife who worked in her husband’s pizza business prior to marriage was found to have “constructive disclosure” of the business’s value.
- Date of Service – The date the responding party is served with the divorce paperwork the petitioning spouse filed. So long as the divorce is finalized, the date of service becomes the date the marital community terminates.
- Disclaimer deed – A real estate document in which a person legally gives up all rights to a property. This is used when the person signing the document has no prior ownership interest in the property. This is most commonly used when a house is being purchased in one spouse’s name alone, usually done because one spouse has better credit. In those cases, the title company will have the other spouse sign a Disclaimer Deed. It is very common that the signed who signed it forgets they even signed it and does not learn that they gave up their interest in the house until after the divorce.
- Quit Claim Deed – A real estate document in which a person legally gives up all rights to a property. This is used when the person signing the document had a prior ownership interest in the property.
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Family Law Success Stories
Best Law Firm has helped thousands of families during the past 18 years. We help families through negotiation, settlements, mediations and court litigation when necessary. The goal is to resolve issues with the least amount of money and stress and only use court litigation as a last resort. Every family we meet is important to us so we would like to share just a few of our success stories with you.
We represented an unmarried father and were able to reunite him with his 4 year old son after the mother secretly moved him to Florida.
We represented a mother and were able to require the father to undergo therapy before he could have any parenting time with his three daughters who he had been physically and emotionally abusing. We had a certified domestic violence expert testify in the case.
We represented an unmarried mother and were able to reunite her with her 2 year old daughter after the father took the child in secret without permission or a court order.
We represented a husband who had a large estate and the wife wanted assets greater than their prenuptial agreement allowed.
We represented a wife in a long term marriage to obtain the spousal maintenance that she was due.
We represented the husband whose wife violated their divorce decree's spousal maintenance agreement by living with her boyfriend.
We represented an unmarried mother and were able to obtain a large child support order from the father who was a professional athlete and it was upheld on appeal. (Murphy)
We represented an unmarried father and were able to fight abuse allegations filed against him and get a court order for 50-50 parenting time for his 2 children.
We represented an unmarried father and were able to defend him against false allegations and obtain a court order where he was named primary custodial parent of his 3 year old son.
We represented a mother who lived in Italy whose teenager was unlawfully kept in Arizona after summer visitation by the Father. It was ordered for the child to return to his mom in Italy.
We represented a father whose 2 children were taken to Kansas after their divorce was filed in Arizona and the court ordered them to be returned.
We represented a father who lived in Texas and fought for primary custody of his daughter who lived in Arizona. The daughter was able to move to Texas because of the mother's abuse and neglect.
We represented a Canadian mother whose husband attempted to get a divorce in Arizona where he could keep the kids. Mother had no long term visa and would have lost her children. Tali Collins was a "friend of the court" and was heard at a Canadian hearing on the same matter that had been filed in BC.
We were the mediators for a mother who wanted to keep the community house (and equity) and the father who wanted to keep his community retirement. We were able to craft an agreement where she received more spousal maintenance up front which the husband agreed to pay to keep the community retirement he had earned.
We represented two ER doctors and mediated their parenting agreement which was drafted to help each doctor have the maximum time with their son.
We represented a father who was a doctor and obtained sole custody of his two daughters after the mother had a worsening mental illness.
We represented a father whose former wife attempted to enforce an out of state child support arrears calculation that was incorrect. We also won the case on appeal. (Glover)
We represented a mother and successfully protected against potential kidnapping by the father to a non Hague country, the UAE. The parenting time order put in safety measures and supervisors to protect the daughters.
We represented a father from Japan to obtain a parenting time order for his young son.
We represented a father to severe the rights of the mother with their two daughters after the mother was imprisoned for criminal abuse against them.
We represented a father and were able to negotiate a parenting plan with joint legal decision making and a 50-50 parenting plan for his son.
We represented a divorced couple against the grandmother who wanted visitation time with their daughter against the parents' wishes.
We represented a married couple and negotiated visitation with a former mother in law, grandmother to their son/step son.
We represented grandparents and negotiated parenting time with a previously estranged father of their grandson.
What Our Clients Say
Our experienced team at Best Law Firm has helped thousands of clients. See what some of them have to say about working with us.
J.S
Divorce Mediation“Ms. Best resolved my spousal maintenance issue with my husband and his attorney in two hours. She accomplished what the lawyers could not do in 9 months of litigation. I am very grateful for her help.”
B.W.
Divorce With Children“We hired this law firm to represent our son in trying to get joint custody. They did a fabulous job keeping us informed as to their plan each week. I have to say I do not think my son would be enjoying his daughter right now with his 50/50 custody if it was not for this law firm.”
T.N.
Custody And Father's Rights“You are the Best, before I retained counsel, I was not able to see my children and did not know what rights a father had in Arizona. I now have joint legal and physical custody. Thank you for all that you have done for my family.”
R.C.
Divorce Mediation“Thank You! Thank you! Thank You! Thank you for getting my son what he deserves! Thank you for finally ending this 9 year chaos…I slept like a little baby last night! You are all GREAT!”
MM
Family LawI’ve used Best Law Firm twice now. Excellent communication skills, rapid responses, and they know EXACTLY what they are doing. They look out for you.like one of their own and do everything they can to keep your case cost effective. Highly recommend!
J.G.
Family Law“The service provided at ‘Best’ was beyond exceptional. The staff at ‘Best’ were professional, going above and beyond their normal duties to help me. I would sincerely recommend ‘Best’ for anyone looking for help with their families legal matters.”
B.H.
Family Law“I have worked with Best Law Firm on two issues in the past 12 months. Their service is exceptional and the quality of their attorneys is second to none! So, their name (Best) is truly appropriate! I would recommend their legal services to anyone!”
C.J.
Divorce With ChildrenThank you for the excellence in your craft and communication each and every step of the way, for the care, for helping me to be brave and strong in holding someone accountable for their wrongdoings, for helping my sons and me to receive the best possible scenario out of the worst situation of my life.
TM
Family Law“Alan was very professional and quick, he had our paperwork done the same day. When I called him to follow up I was able to speak with him then. Highly recommend Alan, he’s very easy to talk to, he’s very knowledgeable, and he means business.”
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