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Postnuptial Agreement Lawyer in Pittsburgh
An increasing number of couples are entering into a postnuptial agreement. While postnups have a reputation for being more of a transaction agreement, they are much more than that. Postnuptial agreements can reduce the tension between couples and allow them to enjoy a more secure and less stressful married life.
You will likely need the services of an experienced attorney if you want a postnuptial agreement in Pittsburgh. You are welcome to get in touch with us at Very Law. We are a postnuptial agreement law firm Pittsburgh that can help you protect your assets and your relationship.
What Is a Postnuptial Agreement?
A postnuptial agreement is a contract agreed upon by a married couple after they have tied the knot. The agreement outlines the ownership of assets and liabilities in the event of a divorce or death. This is different from a prenuptial agreement, which is agreed upon before the couple gets married. Similar to prenuptial agreements, the aim of postnuptial agreements is to have a legally binding contract to remedy financial concerns about assets, liabilities, and other concerns. However, rather than agreeing to the terms and conditions before the marriage, a prenup allows the married couple to set the terms and conditions after getting married.
Some believe a postnuptial agreement is needed when the couple expects the marriage to fail. However, that is not necessarily true. A married couple can enter into a postnuptial agreement to ensure their financial rights and responsibilities are met, whether or not they stay together as a married couple in the long term.
Types of Provisions Commonly Included in Postnuptial Agreements
A postnuptial agreement can involve provisions for any type of assets or liabilities that you have. Here are some of the most common provisions in such agreements:
- Marital property division
- Debt allocation
- Business interests
- Inheritance rights
- Spousal support
- Child support
- Child custody
- Property rights
- Premarital assets and liabilities
- Retirement accounts
Why Should Couples Consider a Postnuptial Agreement?
One of the primary reasons to get a postnuptial agreement is to gain financial clarity for all assets and liabilities. This will allow each spouse to know their rights and responsibilities in case there is a divorce or death. While we don’t like to think about divorce or death, they are realities of life, and it helps to be prepared for such events.
With a postnuptial agreement, you also get to protect your assets before or during marriage. For example, if one spouse owns significant real estate and they want to keep this asset separate from their marital assets, then he or she could use a postnuptial agreement to outline how the assets will be treated in a divorce settlement.
Changes in circumstances during the marriage is another reason why one could consider a postnuptial agreement. For example, if one spouse inherits a significant amount of money, they may want a postnuptial agreement to get clarity on how this inheritance will be treated.
A postnup also offers legal protection in case of disputes during divorce proceedings. If the terms and conditions for assets and liabilities have been established, it makes it easier to resolve disputes. If you don’t have a valid prenuptial agreement, then that is another reason to consider getting a postnuptial agreement.
Removing the uncertainty about the financial future through a postnup agreement can also help strengthen the relationship. While a postnuptial arrangement may seem a bit overwhelming and daunting initially, it does allow the couple to have an open and honest conversation about the financial assets and liabilities, as individuals and as a married couple.
Legal Requirements and Enforceability of Postnuptial Agreements in Pittsburgh
A postnuptial agreement in Pittsburgh is subject to specific laws. Such agreements must be entered into voluntarily, and there needs to be full and fair disclosure of assets and liabilities from both spouses. Not sharing accurate or complete financial information can undermine the enforceability of the agreement. The contract cannot result from fraud or duress.
Another legal requirement is that the postnuptial agreement must be in writing and signed by both spouses. The state of Pennsylvania does not recognize verbal agreements for such cases. If the agreement does not have fair and reasonable terms, the court may scrutinize the agreement, casting doubt over its enforceability.
A postnuptial agreement attorney from Very Law can guide you on the legal requirements and enforceability of postnuptial agreements in Pittsburgh.
Factors to Consider When Creating a Postnuptial Agreement
If you are considering creating a postnuptial agreement, you need to understand the legal requirements and enforcement of such agreements in Pittsburg. You should be ready to provide full financial disclosure about your financial obligations, income, assets, and liabilities.
It is best you discuss your goals and objectives of creating a postnup with your spouse so that you are both on the same page as to why you need this agreement. It is also advisable that each spouse seek independent legal counsel, although that is not a legal requirement. Having independent counsel can ensure each spouse can protect their interests.
Another important factor to consider is the future contingencies such as changing circumstances or new provisions that might need to be incorporated into the agreement. You may also need to periodically review and update the agreement through the course of your marriage.
Addressing Common Misconceptions About Postnuptial Agreements
The biggest myth about the postnuptial agreement is that it is for troubled marriages, however, this is not true. It can strengthen marriage by clarifying financial matters. Another common misconception is that these agreements are not enforceable. If you meet all the legal requirements of the postnup and have the agreement drafted by an attorney, then the agreement should be legally binding. If you have any specific concerns about a postnup agreement, you can get clarification from our attorney.
Get Legal Guidance and Representation From a Pittsburgh Post Nuptial Lawyer
If you are considering getting a postnuptial agreement in Pittsburgh or are not sure if you need a prenuptial or postnuptial agreement, you can get help from our experienced attorney at Very Law. We can create a tailored postnuptial agreement based on your specific needs and circumstances. Our team can also guide you on what to include in the agreement so you can protect your interests for the future, and enable you to have a strong relationship with your spouse. Contact us to arrange a consultation with our Pittsburgh Postnuptial agreement lawyer. Our dedicated team of family law attorneys focuses on providing comprehensive legal support for various family matters, ensuring your peace of mind throughout the process.