Helping you draft pre- and post-nuptial agreements in Pennsylvania
When contemplating marriage, it is important to protect your assets, both those you have prior to marriage and those you may accumulate after marriage. A prenuptial agreement is a contract that a couple signs before they are married, outlining asset and debt division in the event of a divorce. A pre-nuptial agreement can also address issues of support for a spouse. A postnuptial agreement achieves the same goal, but is signed after the couple is married. Creating these marital agreements does not mean that you think your marriage will end — they are simply a way to to protect your interests in case of divorce. At Feldstein Grinberg Lang & McKee, P.C., our attorneys can help you draft a pre- or post-nuptial agreement to meet your goals.
Who should consider drafting a marital agreement?
Not all couples need a marital agreement, but there are many circumstances where it is particularly useful. You should consider a marital agreement if:
- You want to protect the financial interests of your children from a prior marriage.
- You have more income or assets than your partner.
- You have a business that you want to protect.
- You have assets that you don’t want to be included in equitable distribution in the event of a divorce.
- You want to protect the appreciation in value of your pre-marital assets or inheritance in the event of a divorce.
Our attorneys can help you determine if a marital agreement is right for you.
What items are usually included in a pre- or post-nuptial agreement?
In Pennsylvania, a marital agreement is only enforceable if it contains “full and fair disclosure” of each spouse’s assets, income and debts, and neither party has committed fraud in the disclosure. This ensures that both parties understand the terms of the agreement that they have negotiated.
The following issues may be addressed in the document:
- Property distribution
- Debt distribution
- Alimony, Alimony Pendente Lite, Spousal Support and Counsel Fees
- Appreciation in value of premarital and non-marital assets, including inheritances and business interests
Marital agreements do not include issues related to child custody or support. Those are issues that will be determined in the event of a divorce based upon current circumstances. Our experienced family law attorneys can help you determine what financial details you should include in your prenup or postnup.
Can a prenup be modified if circumstances change during the marriage?
As time goes on, circumstances can change. You may have inherited money or a started a business that you want to protect in the event of a divorce. You may want to protect yourself from being saddled with your partner’s debt. You may have acquired property you want to protect from asset distribution. There are many situations that could warrant a modification of a prenup. If both parties agree, then your prenuptial agreement can be modified after the marriage. Postnuptial agreements can also be modified. Our Pittsburgh family law firm is ready to help you update your marital agreement to address your evolving concerns.
Contact a family law firm in Pittsburgh today
The attorneys at Feldstein Grinberg Lang & McKee, P.C. can help you negotiate, draft and modify prenuptial and postnuptial agreements. From our Pittsburgh office, we represent clients throughout Pennsylvania. Contact us online or call us at 412-471-0677 to schedule a free 15-minute initial consultation.
