Similar to a prenup, a postnup is an agreement made between parties already married. Since Arizona is a community property state, whatever you and your spouse acquire during the marriage, must be equally divided. This includes debt. A postnuptial agreement prevents couples from having their property divided as dictated by law.
How does the process differ from a prenup?
The requirements are essentially the same, however depending on the length of time married, you and your spouse may have accumulated assets or debts which must be addressed in the postnup. We offer services of a CPA/CFDA to assist with income determination, business valuations, and separate property tracings, if needed.
There are essentially four steps in drafting the postnup:
