Are You Considering A Marriage Or Worried About What Happens If You Divorce?
Sharing your life with someone else is a weighty enough decision without worrying about what happens to the assets you’ve acquired should you and your spouse need to part ways. And while no one enters into a marriage anticipating divorce, preparing for the unexpected can be legally and emotionally wise.
Whether you are already married or are considering marriage, a marital agreement between you and your current or future spouse could be just the tool you need to enter into the union safe in the knowledge that they want you, not your money.
Should the marriage end, a prenuptial or postnuptial agreement set up with the help of a skilled Pennsylvania lawyer can not only protect your wealth, but also your family and future from the hardship of a drawn-out divorce.
What Is A Prenuptial Agreement? What Is A Postnuptial Agreement?
Marital Agreements are binding agreements for married individuals that designate what should happen to the assets of each in the event of divorce (or even death). They also describe how issues like alimony and child support will be resolved and thus serve to both streamline the divorce process and protect your wealth, property or business should the marriage end.
- Prenuptial Agreements (prenups) are signed before the marriage
- Postnuptial Agreements (postnups) are signed during the marriage
Each agreement is inherently unique, as it is adapted to your specific needs, circumstances, preferences, and goals. They must be signed by both individuals, usually in the presence of a notary. You should also take care not to sign one without having it reviewed by a family law lawyer first, to be sure you understand its terms.
What Is Covered By Pennsylvania Prenups and Postnups?
While your prenup or postnuptial agreement will be tailored to your goals and situation, most cover several main topics:
- Identifying each individual’s property and property rights, based on assets acquired before the marriage.
- Identifying each party’s debts, and how they will be dealt with in the event of divorce.
- Clarifying how that property should be divided and distributed in the event of the marriage’s end (including various different ends, such as the death of one partner, or different types of divorce).
- How much each party should pay in alimony.
In Pennsylvania, there are certain topics that cannot be covered in a prenup, especially those relating to minor children:
- Child custody cannot be decided in a pre- or post-nuptial agreement.
- Child support payment amounts or frequency likewise cannot be decided upon.
- Visitation agreements or schedules cannot be decided in advance through a marital agreement.
Here, these issues have to be handled at the relevant time, though they can still be agreed upon by both spouses through a marital settlement agreement, just not in advance. If you are worried about what is or is not included in your prenuptial or post-nuptial agreement, want to set one up, or challenge one in court, you should speak with an experienced family law attorney as soon as possible.
The Greenberg Legal Group: Your Pennsylvania Marital Agreement Lawyers
Marital agreements are a delicate topic, though an increasingly popular choice for many couples, especially those with blended families or who are entering into a second or third marriage. Here at the Greenberg Legal Group, we stand firmly with the right of each individual and couple to plan ahead and are always ready to support your efforts to do so with a strong prenuptial or postnuptial agreement.
We offer personalized family law services and guidance designed to simplify complex processes such as marital agreements and divorce, while empowering you to make the decisions your family needs. Our experienced attorneys balance strategic, practical advice and solutions with compassionate, caring advocacy.
With our help and a well-adapted prenuptial or postnuptial agreement, you can protect your assets, such as a family home or personal business, while simplifying any eventual divorce process by resolving many contentious issues ahead of time.
Plan For The Unexpected, So You Can Enjoy The Best With GLG
Some Pennsylvania families think of prenuptial or postnuptial agreements as pessimistic or as evidence of a lack of trust. We prefer to think of them as tools for preparation and peace of mind, so that worries are dispelled during marriage and, should divorce occur, conflicts are minimized.
If you are preparing to marry, renewing your vows after a difficult period, or looking to protect what you have built from the possibility of divorce, the family law attorneys at the Greenberg Legal Group can help.
Just call (610) 460-0135 to schedule a private, discreet consultation or reach out to our team online to share your situation. We will help you consider all options and set up the ones that best match your needs so you and your family can enjoy the years ahead.
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