Prenuptial/Postnuptial Agreements

Prenuptial/Postnuptial Agreements in Cherry Hill, Philadelphia, Princeton, & the Greater Philadelphia Area

Prenuptial and postnuptial agreements are contracts that allow parties to take control of a potential future divorce and tailor how their assets will be managed should that event occur. They are legally binding agreements that provide a roadmap to divide assets and other important aspects of your life in the event of divorce or separation differently than the default law provides. These legal documents need an experienced and trustworthy family law lawyer to create them.

Do you need a lawyer for a prenuptial agreement?

A prenuptial agreement is a legal contract that depicts how you will divide your assets with your future husband or wife, pending a potential future divorce. The agreement is created by you and your spouse together. You can choose exactly what you want to be included in the contract, such spousal support or division of properties. To create this agreement, it is highly recommended that you hire an experienced prenuptial agreement lawyer to explain to you your default rights under the law and brainstorm how to creatively make alterations to those rights to accomplish your goals. First, each spouse needs to have a separate prenuptial agreement lawyer represent them. The lawyers indicate that each partner understands and agrees to the contract. The attorneys’ job is to make sure the agreement is fair and equal. If the contract significantly favors one side, then the agreement may not hold up in court. Additionally, it is the lawyers’ job to make sure both partner’s important assets are listed in the legal document and shared with the other party. Besides assets, some common features include pet custody, inheritance, debt, and gifts.

Do I need a lawyer for a postnuptial agreement?

A postnuptial agreement is very similar to a prenuptial agreement. A postnuptial agreement is a contract that divides assets between spouses in the event of a divorce but it is created after the marriage. The laws regarding postnuptial agreements are different across the United States. Postnuptial agreements are legal and enforceable in both New Jersey and Pennsylvania but there are important distinctions in each state. It is highly recommended to hire two separate attorneys for a postnuptial agreement. Like a prenuptial agreement, postnuptial agreements must be fair and voluntary on both sides. Each spouse should make sure their lawyers explain exactly what they are agreeing to. The agreement is used as a road map to divide assets rather than using the state default rules to do so. A pre or post-nuptial agreement does not take the place of a divorce, but rather helps avoid litigation – making the legal divorce shorter and less expensive. Topics such as child custody and child support cannot but contracted in a postnuptial agreement.

Please reach out to Martine, Katz Scanlon & Schimmel, P.A. in Cherry Hill, Philadelphia, and Princeton, for questions or inquiries regarding prenuptial agreements and postnuptial agreements. Their trustworthy attorneys are knowledgeable and understanding of the prenuptial and postnuptial laws in Pennsylvania and New Jersey. They will be happy to help you create an accommodating and detailed prenuptial or postnuptial agreement.