Post-Marital & Separation Agreement Attorneys in Phoenix

• A spouse is racking up significant amounts of community debt. 
• The spouses want to provide the spouse facing mounting medical bills or other potential liabilities with the lion’s share of the assets.
• The spouses want to divide assets to reduce friction and stress in their marriage.

These circumstances can raise significant questions about marital debt, ownership, and each spouse’s future obligations. Putting the agreed terms in writing creates a clear record of how the spouses intend to allocate those interests and responsibilities.

Arizona Requirements for Postnuptial Agreements

A.R.S. § 25-202.01 governs the enforcement of postnuptial agreements in Arizona. The agreement must be in writing and signed by both spouses, and it becomes effective when executed. If either spouse later challenges enforcement, the spouse seeking enforcement bears the burden of proving enforceability by clear and convincing evidence.

Spouses can amend or revoke a postnuptial agreement after marriage, but the change must also be stated in a written agreement signed by both spouses.

Are Post-Marital Agreements Legally Enforceable in Arizona?

Post-marital agreements are enforceable when they meet Arizona’s statutory requirements. Careful drafting matters because a spouse challenging enforcement may try to prove fraud, coercion, undue influence, insufficient knowledge of the property or legal rights involved, or a lack of fair and equitable terms. The agreement must also reflect the spouses’ mutual intent to divide or delineate their property interests.

To protect enforceability, the division of assets should be based on fair valuations and a fair division when the agreement is finalized. Full financial disclosure and voluntary consent are central to determining whether the document accurately reflects both spouses’ informed intentions. 

You shouldn’t attempt to draft a post-marital agreement yourself, even if you and your spouse appear to agree on its terms. To protect its enforceability to the fullest extent possible, 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’s 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 review every provision of your proposed agreement to assess whether its property and support terms are likely to withstand the court’s scrutiny. This review can help prevent you from entering into a lopsided arrangement that a court might later refuse to enforce.

Fairness also depends on how the parties reached the agreement. If a spouse hides assets, fails to disclose significant debts, or uses threats to force a signature, the resulting contract can be challenged based on fraud, coercion, or undisclosed financial information. Full and honest financial disclosure is material to a binding separation agreement. We can guide you through discovery 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 an agreement that addresses potential legal challenges.

A separation agreement can address property, support, legal decision-making, and parenting time, but the court treats these subjects differently. Property and support terms are evaluated under the applicable enforceability standards. The court can reject or modify child-related terms when they aren’t consistent with the child’s best interests.

Cohabitation & Domestic Partnership Agreements

Cohabitation agreements, also called domestic partner agreements, can be drafted for people who aren’t married but live together or intend to do so. This may include same-sex couples, heterosexual couples, or platonic friends or family members. These contracts are often used when people want to own property together or otherwise define their rights within the partnership. 

Cohabitation agreements are generally enforceable as contracts when properly written and executed according to the required procedures. They can address the same issues as pre-marital and post-marital agreements. For example, people may want to own a home together in equal or different percentages. The contract should also address how expenses will be shared and what will happen if a party dies. 

Domestic partner relationships can end over time. Even if you plan to remain together for life, it’s smart to decide how financial issues will be handled if the relationship ends. If a same-sex couple intends to have a child and only one person will be the biological parent, or one parent wants to adopt a child without facilitating a two-party adoption, it’s very important to consult with an experienced family lawyer. Doing so can help avoid significant legal complications if the marriage or domestic partnership ends.

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®. Call (602) 878-3133 or contact us online to learn how we can help you draft or litigate an agreement.