Considering A Prenuptial Agreement? Our Attorneys Are Here To Help.
For much of their history, prenuptial agreements have been largely misunderstood and mistrusted. But if executed correctly, they are enormously useful legal tools that can protect the interests of both spouses. For this and a variety of other reasons, their use has grown in popularity in the United States in recent years.
If you are considering a prenuptial agreement, it is important to draft and review it with the help of a skilled attorney like those at Vinsko & Associates, P.C. We have been serving clients in the Wilkes-Barre and Philadelphia areas for nearly two decades, and are ready to help you create an agreement that is thorough, equitable, legally sound and enforceable.
What Does A Prenuptial Agreement Do? What Can It Include?
At its most basic, a prenuptial agreement is a legal document, negotiated prior to marriage, that defines the terms of property division should a couple ever divorce. Making these decisions ahead of time can make the divorce process faster, cheaper and more predictable.
Couples can choose to include other provisions into their agreement as well, addressing issues like:
- Rights to, and terms of, alimony
- How gifts or inheritances given to either spouse will be treated during the marriage (as either marital or separate property)
- Management and ownership of a family business
- Each spouse’s inheritance rights in the event of the other’s death
Prenuptial agreements cannot include any major decisions about current or future children, such as who gets custody or whether child support will be paid. Courts will not recognize or enforce these provisions, and they should not be included.
The Processes For Creating, Proposing And Considering A Prenup Are Critical
If you are the one asking for a prenuptial agreement, you need to broach the issue well ahead of the wedding day and give your fiancé time to consult with their own attorney (separate from the attorney who helped you write it). If your betrothed feels pressured to sign or has no time to consult with an attorney, they may challenge the validity of the prenup later on (to say nothing of the relationship trouble you’d be bringing upon yourself). Ideally, you would create the agreement in consultation and negotiation with one another.
If you are the one being asked to sign, it is critical to consult with your own family law attorney. Unlike most other states, Pennsylvania’s laws do not explicitly require prenuptial agreements to be fair to both parties. As such, you need to fully understand what you are agreeing to.
Get Your Prenup Questions Answered During An Initial Consultation
The attorneys at Vinsko & Associates, P.C., can advise you on all aspects of a prenuptial agreement, from drafting and negotiation to challenging it in court. If you’re considering a prenup or have been presented with one, contact us to discuss your rights and legal options during an initial consultation. To get started, send us an email or call 570-410-8723.