Take out the guess work.
While planning a wedding, there are a million details to consider. It's easy to overlook one of the most important: planning for the unexpected. No one marries with the intent to divorce, yet we know that divorce is a common occurrence. Most couples simply don't want to address the issue because they feel uncomfortable talking about the subject of a break up, or they believe that their partner will feel they are trying to hide something.
In fact, just the opposite is true: full disclosure generally helps both future-spouses that they are aware of all the financial circumstances of the other, which can make both parties feel secure in the event the marriage comes to an end. A pre-nuptial agreement acts as a contract between the two of you and will control how your assets, debts, and property are split. Of course, we hope you will never need to enforce it! In the event you do, however, you will find that it was a wise investment.
Call me today to plan ahead. I would be happy to meet with you and explain why this kind of planning need not be awkward; let my experience guide you.
In Pennsylvania, there is no such thing as legal separation. Still, a couple may find themselves in a situation where they are not sure they want to divorce, but they're also not sure they want to stay together. This is where a mid-nuptial agreement can help. Like a pre-nuptial agreement, a mid-nuptial is a contract that will control the split in the event of divorce, the difference is that you are already married when you enter into it. It may be that you stay together and the mid-nuptial never comes into play. If you decide to divorce, however, your agreement can make the process much more amicable and a whole lot smoother.
Contact me if you would like to discuss whether a mid-nuptial agreement can help in your situation.
Post-Nuptial Agreements / Property Settlement Agreements
A post-nuptial agreement, also known as a Property Settlement Agreement, is a document that is signed by both spouses (and sometimes their attorneys) which contains all the provisions for how the marital property is going to be divided. For instance, terms regarding alimony, the division of retirement assets, what happens with the house, and even how the debt is divided are clearly stated in a post-nuptial agreement. It is a rare instance where a post-nuptial agreement is not necessary in divorce. Surely there are terms and conditions that you want to make sure are enforceable and your soon-to-be ex must abide by. You should ensure that the language of your agreement is strong enough to protect your rights, and that all unforeseen events are properly planned for. Before your divorce is finalized, contact me to talk about your post-nuptial agreement needs.
The Law Office of Ashley M. Eckert, LLC serves clients in Downingtown, Coatesville, throughout Chester County, and elsewhere in Pennsylvania.