Postnuptial Agreements

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Postnuptial Agreements

Some couples experience difficulties in their marriage but do not want to commence legal proceedings for divorce or legal separation; however, they do want to work together with a professional mediator to address and reach a postnuptial agreement concerning their financial and other marital matters. Other married couples want a postnuptial agreement because they didn’t have time before their marriage to enter into a prenuptial agreement. Still other couples have had a long-standing marriage but want to define their rights for estate planning purposes.

We can complete your Postnuptial Agreement by email or phone quickly and inexpensively — in 3 easy steps — for only $595:

  1. Complete our online Fee Agreement (below) to get started.
  2. We email our easy to use Questionnaire (See Sample) that guides you and your fiancé through all of the legal and financial issues typically involved in prenuptial agreements.
  3. We prepare a legally binding Postnuptial Agreement (See Sample) that includes all of your answers to our Questionnaire – so that both of you have the peace of mind of knowing that everything has been covered!

Optional As-Needed Mediation: If you have special questions or concerns, need particular legal, financial, and tax information, or want to learn about different alternatives for settling any unresolved issues, you can arrange to teleconference or meet in-person with one of our highly trained and experienced professional Mediators – and you only pay for the time spent!

Frequently Asked Questions

What is postnuptial mediation?
A Postnuptial Agreement (also known as a “Postmarital Agreement”) is a written contract that married people enter into which determines their respective rights and interests in their community property and debts; for example, designating that certain property will be the separate property of one spouse versus community (i.e., marital) property. A postnuptial agreement can also address other legal matters such as child-related matters, inheritance, and spousal maintenance (formerly known as “alimony”).

Are postnuptial agreements valid in Arizona?

Yes. Although there is no specific statute, Arizona courts have consistently held that married people are at all times free to determine what the status of their property is to be, including in the event of death or divorce. The only requirements are that the terms of the postnuptial agreement were fair and equitable, free from any fraud, coercion or undue influence, and the parties had entered into it with full knowledge of all the properties involved and all legal rights therein.

Wouldn’t my spouse be upset if I asked for a Postnuptial Agreement?
Love and logic can coexist. In fact, more and more couples are using the postnuptial mediation process to stimulate constructive conversations about their respective expectations, concerns and responsibilities regarding the financial aspects of their marriage. A postmarital agreement can be and often does solidify a relationship and make marital disagreements much less likely.

Why not just use a lawyer to draft a Postnuptial Agreement?
It would be unethical for a lawyer to represent both you and your spouse, whereas a professional mediator has no such constraint. Furthermore, after you meet with a mediator to make all of your postnuptial agreements, you will have the option but not be required to have one of our independent “mediation friendly” lawyers (who charge reasonable hourly fees) review your prenuptial agreement before you sign it. It is in these ways that our postnuptial mediation and agreement preparation services will save you hundreds if not thousands of dollars!

What does the mediator do?
With their backgrounds in law, business and psychology, our mediators foster effective communication, offer diverse alternatives for resolution of issues, and provide legal, financial, and tax information. We empower couples to make fully informed decisions about each and every aspect of their postnuptial agreement, including property rights and interests, the handling of income and debts, non-monetary contributions to a marriage, inheritance, life insurance and all other legal and financial matters attendant to marriage.

How do I get other questions answered?

Contact us by email at admin@outofcourtsolutions.com

“Get started” now by completing our ‘Secure’ Postnuptial Agreement intake form:

Husband

First Name:

Middle Name:

Last Name:

Street Address:

City:

State & Zip:

Home Phone:

Cell Phone:

E-mail:
Wife

First Name:

Middle Name:

Last Name:

Street Address:

City:

State & Zip:

Home Phone:

Cell Phone:

E-mail:

FEE AGREEMENT

This Agreement is made between the above-named husband and wife (“CLIENTS”) and Out-of-Court Solutions, Inc., an Arizona corporation (“OOCS”).

1. FLAT FEE: For $595, payable in two installments (the first of which is $295 and nonrefundable), OOCS will: (a) provide CLIENTS with an all-inclusive Postnuptial Questionnaire, and; (b) prepare a comprehensive and legally binding Postnuptial Agreement.

2. OPTIONAL MEDIATION: OOCS will arrange a teleconference or meeting with one of its Mediators to address any special questions or concerns, provide particular legal, financial, and tax information, or explain different options and alternatives for resolving any disagreements at an hourly rate of $340 for the time the Mediator spends mediating issues, studying documents, making telephone calls, preparing correspondence or agreements, and doing such other things as may be reasonably necessary to facilitate finalization of a postnuptial agreement.

3. By entering the date below and submitting this Agreement to OOCS, CLIENTS understand that they are obligated to reimburse OOCS for any reasonable expenses incurred by OOCS on their behalf, are jointly and severally responsibility for the payment of OOCS’s fees and expenses, and that the failure to provide 24-hours’ notice for cancellation or postponement of any mediation appointment will result in a one-hour charge.

I/We agree to the foregoing[Checking this box is required]


Date(mm/dd/yyyy): Entering Date is required