Prenuptial agreements are the best way for couples to protect their hard-earned assets from a potential future divorce. If you would like to learn more about how you can draft such an agreement and how it may benefit you, please don’t hesitate to speak with the knowledgeable Pennsylvania prenuptial agreement lawyers from Berman Voss today.
When a couple gets divorced, if they don’t have a prenuptial agreement in place, their marital property will be subject to equitable distribution, meaning a judge will decide “who gets what.” Having a valid and enforceable prenuptial agreement in place can give couples peace of mind, knowing that should they ever get a divorce, issues concerning property distribution will already have been sorted out, well ahead of time. The seasoned Pennsylvania family lawyers at Berman Voss can help ensure you have a valid and enforceable prenuptial agreement.
Prenuptial agreements, first and foremost, can outline exactly what will happen with certain assets, should a couple ever get divorced. You can specifically name a wide range of assets, including personal property, such as jewelry, your marital home, certain vehicles, memorabilia collections, and more. That said, you can also outline the following in a prenuptial agreement:
Though these are just some of the things you can outline in a prenuptial agreement, you should note that there are certain things you cannot specify, most notably, child custody or child support terms. These must be decided at the time of your divorce, either through a compromise between you and your spouse or at the discretion of a judge.
Anyone considering drafting a prenup must ensure that their agreement is valid and enforceable in the eyes of the law. If it isn’t, then it holds no legal water. For a prenuptial agreement to be considered valid and enforceable in Pennsylvania, it must meet the following criteria:
Though prenuptial agreements absolutely must be drafted prior to marriage, you can still draft a postnuptial agreement if you are already married and have not yet drafted a prenuptial agreement. Postnuptial agreements serve the same purpose as prenuptial agreements and cover virtually all of the same things, the only difference being they are drafted exclusively after marriage.
The bottom line is that if you’re looking to protect your assets from the pitfalls of a divorce, one of the most important things you can do is draft a prenuptial or postnuptial agreement. If you have any questions about drafting such an agreement or you’re ready to get started, speak with Berman Voss today.
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