Pittsburgh Prenuptial & Postnuptial Agreement Lawyer
Prenuptial, Antenuptial, Cohabitation, Postnuptial and Marital Settlement Agreements
No one planning a wedding expects to get divorced. However, the simple fact is that all marriages will end one of two ways: divorce or death. It is better to be as prepared as possible for the financial and familial consequences of divorce. The more prepared you can be at the outset of the marriage, the less stress and conflict there will be, should the marriage unexpectedly end.
Parties can address their specific situation through agreements that resolve the issues that may arise due to their marital relationship. Agreements between spouses are contracts, and they can be specifically written to address a myriad of issues. All of these agreements involve tax and other considerations that require skill and knowledge to be properly prepared. Experienced family law attorneys know that an agreement negotiated between parties will achieve the basic outcome because it allows the parties to fine-tune matters the courts are ill-equipped to resolve.
The compassionate and detail-oriented Pittsburgh prenuptial & postnuptial agreement lawyers at Bunde & Roberts, P.C., can help you layout the rights and responsibilities of each spouse before you enter your marriage, or while you are married, to mitigate problems and conflicts down the line. Our family lawyers bring to bear our understanding of Pennsylvania law and complicated financial issues along with care and compassion in order to approach these issues with the delicacy they deserve. Save yourself time, money, and heartache down the line by establishing a contingency plan should things not work out. Bunde & Roberts can help.
Prenuptial Agreements
Prenuptial agreements, also called antenuptial agreements or prenups, are contracts entered into by people about to marry. They are used to resolve, in advance, issues such as support and property distribution in the event of a divorce, as well as surviving spouse rights in the event of death.
If there is a significant difference in premarital financial situations (as is the case with high net worth, wealthy individuals, or young individuals with family wealth or financial interests), it may make sense to negotiate the terms of separation in advance. Traditional calculations for the division of assets, spousal support, and alimony are often inadequate. These agreements are a tool to pre-determine rights and obligations to avoid protracted divorce litigation or conflicts over a decedent’s estate.
Prenuptial agreements often arise in the context of second marriages when the engaged couple has children from prior relationships, when one or both have ownership interests in businesses, or where both hold other types of investments. These agreements are used to tailor and modify the law to the desires of the marrying couple in the event of dissolution of the marriage or death.
Requirements for a Valid Prenuptial Agreement
For a prenuptial agreement to be valid and enforceable in Pennsylvania, certain requirements must be met. These requirements include the following:
- The agreement must be in writing.
- It must be signed by both spouses.
- There must be a full and fair disclosure of the assets and liabilities of each of the parties at the time of execution of the agreement.
- The contract cannot result from fraud or duress.
The experienced prenuptial and postnuptial agreement attorneys at Bunde & Roberts can help you craft an agreement that is fair and appropriate for your family, and that will remain enforceable if challenged in a later proceeding.
Cohabitation Agreements
Cohabitation agreements work in the same way as prenuptial agreements but involve parties who are not marrying. Unmarried couples are sometimes treated differently under the law from married couples, so cohabitation agreements are a useful tool to ensure that the desires of the non-married couple are met in the event of termination of the relationship or death.
Postnuptial Agreements
Postnuptial agreements are entered into after the parties have married. A postnuptial agreement, also called a marital settlement agreement, may arise in the context of a separation, a divorce, or simply to spell out certain rights of a married couple. These agreements are negotiated for divorcing parties to resolve pending economic claims, property claims, support issues, child custody and other similar matters. Properly drafted marital settlement agreements are valid and binding contracts that take the place of a judge having to conduct a trial and make a decision.
Help With Your Pittsburgh Prenuptial or Postnuptial Agreement
If you are marrying and believe a prenuptial agreement may benefit your relationship, or if you are dealing with other Pennsylvania family law matters and believe a postnuptial agreement may be warranted, contact the compassionate and detail-oriented Pittsburgh prenuptial & postnuptial agreement lawyers at Bunde & Roberts, P.C., for assistance. Call our Pittsburgh family law office today at 412-391-4330 for a consultation.
