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Barbara L Fuqua of Fuqua Law Firm P.C., is licensed in Arizona only.
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A Prenuptial Agreement is an agreement entered into by two people prior to getting married. The Agreement outlines all the property each party owns coming into the marriage, and, therefore, will retain in the event of a divorce. The parties’ agreements can stop there, and they can decide to adhere to the community property laws of Arizona after marriage, or they can decide to not follow the community laws of Arizona and agree to keep everything acquired during the marriage as separate property. In that case, they would need to include that agreement in the Prenuptial Agreement. A Prenuptial Agreement takes effect upon the marriage of the parties and can contain the parties’ agreements in the event of a divorce.
It is always a good idea for each party to have his or her own attorney review the Prenuptial Agreement with him or her to ensure he or she understands everything included in the Agreement. Prenuptial Agreements are legally binding and will affect your future rights.
A Postnuptial Agreement is almost the same as a Prenuptial Agreement, however, a Postnuptial Agreement is signed after the parties are legally married. The legal effects are the same as Prenuptial Agreements.
If a person is a threat to you or your children and is related to you by blood or marriage, you can obtain an Order of Protection through any court. An Order of Protection is a court order directing that person to stay away from you, and your children if the Court includes your children on the Order. The Court will decide based on your Petition and testimony what contact, in any, should be allowed by the other party. In some cases, the Court will allow email or telephonic access, and in some cases, the Court will not allow any contact.
If the person who is threatening or harassing you is not related to you by blood or marriage, then you can obtain an Injunction Against Harassment through at any court. An Injunction Against Harassment is a court order directing that person to stay away from you, and your children if the Court includes your children on the Order.
If the Order of Protection or Injunction is granted, the Defendant has the right to request a hearing. At the hearing, the Court will decide, after hearing testimony and reviewing any exhibits, whether to keep it in place, whether to modify it, or whether to quash or stop it.