Setting Your Standards For Divorce Through A Prenuptial Agreement
Asking for a prenup can feel awkward. Why talk about what will happen in divorce before your marriage has even started? But, pre- and postnuptial agreements can provide peace of mind, especially if one or both partners are bringing significant assets to the marriage.
Our Greensburg law firm, Stewart, McArdle, Sorice, Whalen, Farrell, Finoli & Cavanaugh, LLC, provides legal services in a variety of areas, always with the same focus on our clients’ best interests. We strive to provide practical advice on issues of marriage and divorce, including guidance on prenuptial and postnuptial agreements.
Protecting Your Interests Before And After Marriage
A prenuptial agreement, or “premarital” agreement, is a document created prior to the marriage that lays out how spouses will resolve property division and alimony issues, in the event the marriage doesn’t work out. Courts in Pennsylvania assume these agreements to be valid, unless one party can prove by clear and convincing evidence that their spouse did not make a full and fair disclosure of their assets.
Postnuptial agreements, created after the wedding, achieve the same result as a “prenup” or prenuptial agreement. They address issues that may include:
- Property division
- Rights to gifts or inheritances
- Family businesses
Keep in mind, these agreements (as well as prenups) cannot include child support or child custody issues.
Each spouse should have his or her own independent counsel to advise and negotiate for both pre- and postnuptial agreements. The process does not need to be adversarial, but it is important for both sides to have a lawyer present.
Contact The Firm To Learn More
We understand how difficult it can be to consider what will happen in divorce when your marriage has just begun. But by having a plan in place, you can feel secure knowing that you won’t be forced to air out these issues in court.