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In some states, postnuptial agreements may not be upheld if both parties were not given the opportunity to review and discuss the terms of the agreement with their own, separate attorneys. Whether a postnuptial agreement will be enforced or not depends, to a large extent, on what state you live in.

A postnuptial agreement cannot provide enforceable terms for child support or custody. However, it can include provisions for alimony since that is considered separately from a spouse's duties as a parent. (We have seen agreements that have a provision for child support, but it is not enforceable.

As with other important contracts, a postnuptial needs to be in writing and signed by both parties. It should also be notarized. The agreement also needs to be fair and equitable. Both parties need to be able to agree to the terms of the contract.

HOW MUCH DOES A POSTNUPTIAL AGREEMENT COST IN ARIZONA? On average, a postnuptial agreement will cost about $2,000, with average prices ranging from $1,000 to $3,000. But ? that's only the cost if your finances are uncomplicated.

Arizona law recognizes postnuptial agreements, but they are subject to close scrutiny by the courts. A postnuptial agreement is a legally binding contract that allows a married couple to specify that certain assets are owned by each partner during the marriage and in a divorce.

It is created after a couple is married to define the rights and obligations of both partners if they were to separate or divorce. While it is entirely possible to construct your own postnuptial agreement, it is not typically recommended.