You don’t need millions of dollars in property to make a prenuptial agreement a smart protection when you decide to get engaged. Prenuptial agreements are not just about preserving someone’s wealth. In fact, agreements that are clearly biased in favor of one spouse may end up invalidated by family courts because they are unethical.

Contracts need to offer some kind of valuable consideration to both parties for them to be valid. Both you and your spouse should think about your personal concerns about both marriage and the possibility of divorce. Each of you will have the right to integrate certain terms that will protect you during the marriage and if you ever decide to divorce.

What kinds of terms do people frequently include in prenuptial agreements?

1. Protections for personal property

Engaged couples sometimes use prenuptial agreements as a way to protect their individual assets from commingling. People can protect inherited assets or specific property, like their retirement savings, as separate and therefore not subject to division. Other times, couples take a different route and simply include rules intended to guide the property division process.

2. Agreements related to child custody matters

Parenting choices can be a source of conflict both during a marriage and at the end of the relationship. The more thoroughly you discuss how you intend to parent and your expectations for one another related to your shared children, the less you will have to negotiate when you decide to divorce. From the breakdown of parenting time to rules about religion and technology, there are many important parenting terms that you can integrate into your prenuptial agreement.

3. Spousal support considerations

It is important that people know that the common request to waive child support rights in a prenuptial agreement could invalidate the document. Child support is what a parent owes to the children they have, and therefore the other parent does not have the authority to decline those payments in most cases.

However, you can set certain terms for spousal support. For example, you could put rules in place to ensure that the spouse who makes career sacrifices to raise the children will receive proper support if the marriage ends and they have to reenter the workforce unexpectedly.

When you understand the terms that people frequently include in prenuptial agreements, you can see how they reduce the conflict that occurs during a divorce and also how they may lead to a happier and more successful marriage. Talking about a prenuptial agreement with your fiance could help the two of you start your marriage out the right way.

When you file for divorce in Pennsylvania, you may not know what exactly to expect. The stories you have heard from other people often won’t apply to your current situation. In fact, they may not have even divorced in the same state, which means that their insight is not useful for your situation.

Divorce requires that spouses address their shared obligations. If they have children, they will need to come up with a parenting plan that explains in detail how they will share the responsibilities that they have to their children. Sometimes, couples may need to negotiate terms for spousal support if one spouse has depended on the other and will need support before they can live independently again.

Spouses also have to divide their property, which can be a very challenging process. The home where the two of you live is likely one of your most valuable belongings. Possession of the home could also influence everything from your daily commute to your custody arrangements. What can you expect to happen with your house in your Pennsylvania divorce?

Most spouses have to share home equity

Given that you have used marital income to make mortgage payments or improvements to the property, at least some of the home equity you have accrued over the years is likely subject to division in your divorce proceedings. Some couples can negotiate their own settlement regarding their marital home.

For example, maybe the two of you can agree that the parent with more time with the children will be the one to keep home. Other times, financial concessions, like giving up a claim to a retirement account, might allow one spouse to keep the home. Some couples choose to sell their home and share what they make in the sale. If they can’t settle on their own, then a judge will make those decisions.

How a judge will divide your property

Every judge in Pennsylvania will need to use the same standard when dividing people’s property in a divorce. They will have to reach a conclusion that they believe is fair and reasonable. Equitable distribution rules give judges a lot of discretion regarding how they manage a couple’s assets and debts in a divorce. You generally have to abide by whatever decision a judge makes related to your marital property.

The first step in preparing for negotiations will likely be determining how much of your home equity is marital property and what your house is currently worth. From there, you can start discussing how to handle the home in a fair manner with your spouse or prepare a strategy for advocating for your preferred outcome in divorce litigation. Learning more about property division rules can help those preparing for an upcoming Pennsylvania divorce.