Post-Marital & Separation Agreement Attorneys in Phoenix, AZ

• One spouse is racking up significant amounts of community debt. 
• The spouses want to provide one spouse with the lion’s share of assets to protect them due to mounting medical bills or other potential liabilities.
• The spouses want to divide up assets to cause less friction and stress in their marriage.

Are Post-Marital Agreements Legally Enforceable in Arizona?

Post-marital agreements are enforceable if they meet certain requirements. One must be careful in drafting these agreements, as the burden of proving they are enforceable is different than what applies to pre-marital agreements. If one of the parties disputes the post-marital agreement during a divorce proceeding, the party looking to enforce the agreement has the burden of proof to establish that the agreement was fair, that the other spouse had full knowledge of the assets and debts at issue, and that the other spouse had full knowledge of their legal rights at the time the agreement was entered. 

Accordingly, to protect the enforceability of a post-marital agreement, the division of assets in the agreement should be based on fair valuations and a fair division at the time the agreement was finalized. Defenses like duress, unfairness, lack of consideration, and regular contract defenses may be available in post-marital agreement conflicts. 

Put another way, you should not attempt to draft a post-marital agreement yourself, even if you and your spouse appear to agree on its terms. To protect the enforceability of the agreement to the fullest extent possible, it is important to work with a knowledgeable family law attorney to discuss your goals. Our team at BDB Law can draft the post-marital agreement on your behalf. 

When Is a Separation Agreement Considered “Unfair” Under the Law?

An Arizona court may consider a separation agreement “unfair” if it is so one-sided or oppressive that no reasonable person would accept it. For example, an agreement that assigns all marital debt to one spouse while the other retains all the assets likely crosses this line. We can carefully review every provision of your proposed agreement to confirm that the division of property and support is likely to stand up to the court’s scrutiny. This vigilance can help prevent you from entering into a lopsided arrangement that a court might later refuse to enforce.

Fairness also relies on how the parties reached the agreement. If one spouse hides assets, fails to disclose significant debts, or uses threats to force a signature, the law often views the resulting contract as invalid due to fraud or duress. Full and honest financial disclosure remains a requirement for a binding separation agreement. We can guide you through the discovery process to verify that you have a complete and accurate picture of the marital estate before you sign anything. By prioritizing transparency and voluntary consent, we can help you build a durable agreement that withstands future legal challenges.

Cohabitation & Domestic Partnership Agreements

Cohabitation agreements (also called domestic partner agreements) can be drafted when people are not married but reside together or intend to reside together. This may apply to same-sex couples, heterosexual couples, or platonic friends or family members. Oftentimes, these agreements are written and entered into when people desire to own property together or to otherwise define their rights regarding their partnership. 

These agreements are generally enforceable as a contract if they are properly written and if specific procedures are followed. They can address the same issues as pre-marital and post-marital agreements. For example, people may desire to own a home together equally or in different percentages. Cohabitation agreements should also address how expenses are shared and what will happen in the event of a party’s death. 

Like marriages, some domestic partner relationships terminate over time. Even if you plan on residing together for the rest of your lives, it is smart to address how these financial issues are going to be addressed should the relationship end. On a somewhat related note, if a same-sex couple intends to have a child where only one person is the biological parent, or one parent desires to adopt a child but does not facilitate a two-party adoption, it is very important to consult with an experienced family lawyer to help avoid significant legal complications should your marriage or domestic partnership end.

Call (602) 878-3133 or contact us online to learn more about how we can help you draft or litigate these agreements. Multiple attorneys on our team have been recognized by Best Lawyers®, and our founding lawyer is a Fellow of the American Academy of Matrimonial Lawyers and has been rated AV Preeminent® 4.8 by Martindale-Hubbell®.