Post-nuptial Agreements

Phoenix Marital Agreements Attorney


Unlike pre-marital agreements, there is no statute in Arizona that authorizes or defines post-marital or post-nuptial agreements.  Nevertheless, parties can contract for their financial marital rights and obligations, including in the event of death or divorce.

The critical difference between a pre-marital agreement and a post-nuptial agreement is that the post-nuptial agreement must be fair and equitable.  It also must be free from fraud, coercion or undue influence, and the parties must understand their agreement. For this reason it is imperative that each party have his and her independent family law attorney.

Parties may enter into a post-nuptial agreement for a variety of reasons.  In some cases there simply want not enough time prior to the wedding.  In other cases the parties have had a long-standing marriage but wish to define their rights for estate planning purposes.


The parties may mediate their postnuptial agreement.  Once a full agreement is reached, the parties can then take the agreement to a individual family law attorneys for review and signing. In some cases, this can be a smoother process than having just one party write the agreement before obtaining input from the other, especially in cases where both parties have assets that they want to isolate or children from prior marriages that they need to protect.


Is a post-nuptial agreement right for you?  When you have questions for a Scottsdale or Phoenix estate planning, divorce and mediation attorney call 602-453-4200 or contact Heller Law Office online to schedule a consultation to discuss your options.