Preserve Assets You Bring to a Marriage
Prenuptial and postnuptial agreements are beneficial for people with a high net worth as well as people with more modest assets. They are useful tools for anyone who wants to set aside assets for children or protect assets in the event of divorce or the death of a spouse. These agreements can also provide protection for children of prior relationships.
At Gentile, Horoho & Avalli, P.C., we can help you draft pre- or postnuptial agreements to address asset protection and other issues. With our extensive family law and divorce experience, we understand the importance of specifying each party's rights when a marriage ends. Speak with one of our Pittsburgh prenuptial agreement attorneys today to discuss your legal needs.
How Pre- and Postnuptial Agreements Work
A prenuptial agreement is a legal contract detailing the assets and debts each party has before entering the marriage. It establishes the property rights of each party should the marriage end in divorce or if one spouses dies before the other.
In Pennsylvania, prenuptial agreements are not legally binding unless they contain a full and fair disclosure of assets. If an agreement is not prepared correctly, it will not hold up in court. When necessary, our lawyers work with financial experts to find any hidden assets.
A prenuptial agreement can address issues such as property division, alimony and child support. Spousal support and alimony provisions in pre- or postnuptial agreements can provide for non-modifiability in the event of divorce; provisions that a court may not require, and in many instances do not place, in orders concerning alimony and spousal support. However, it may be possible to modify child support. Child custody issues in pre- and postnuptial agreements are not binding.
A postnuptial agreement is a legal contract created after the marriage has been entered into but before a couple wishes to end the marriage. Many couples and families use postnuptial agreements for estate planning purposes. For a person entering a second or third marriage, they can be used to preserve assets for their children. Intact families often use postnuptial agreements to protect assets such as a family business. Properly prepared, such agreements can avoid the business being adversely affected by an owner's or shareholder's divorce or death.
To make an appointment with an attorney to discuss postnuptial agreements, please call or contact us online.
