Post-nuptial agreements are becoming more familiar to Americans as they navigate the complexities of married life and contemplate that more than fifty percent (50%) of American marriages end in divorce. These agreements are substantially similar to prenuptial agreements, but they are drafted after marriage and prior to marital discord ending in divorce. They can set up terms that are designed to deal with issues in the event of marital discord or divorce. They are particularly appropriate for couples who each bring their own assets and businesses into a marriage, and they have become more common among celebrity couples.
If you are contemplating a post-nuptial agreement or struggling with how to agree on child custody issues, the LLF Law Firm Family Law Team stands ready to help. Our Pennsylvania Family Law Team has experience drafting post-nuptial agreements and will diligently assist you and your family on any marital or child custody issue. Call us at 888.535.3686 or use our contact form.
What a Post-nuptial Agreement Covers in Pennsylvania
A post-nuptial agreement is a contractual agreement created after a couple marries that is often focused on financial assets, but it can also focus on resolving potential issues that can arise once the couple is married. The agreement can also consider preparations in anticipation of a divorce should the couple pursue that avenue. Although many people are hesitant to consider these issues, such a contract can provide protection for both parties by deciding on issues beforehand, thus reducing much of the stress that occurs during a divorce proceeding. If there is a valid post-nuptial agreement in place, a court will generally abide by the terms of the contract since marital agreements in Pennsylvania are viewed as business contracts. As long as there was informed negotiation between the parties when making the post-nuptial agreement, a court will likely uphold the contract terms and not pursue the process of equitable distribution in a divorce under Pennsylvania law The post-nuptial agreement would only be invalidated in court for reasons a typical business contract would be, and the court would require clear and convincing evidence to invalidate it. An example of a specific reason to try to invalidate a post-nuptial agreement would be failure to fully and fairly disclose assets or liabilities before the contract was signed. It should be noted that a post-nuptial agreement can be amended and modified at any time during the marriage based on the contractual agreement of both parties.
In general, an enforceable post-nuptial agreement should be an agreement that both spouses enter voluntarily without duress, misrepresentation, or fraud. It should have terms that allocate responsibility for items so that both parties fairly get what they want. The post-nuptial agreement should be read and reviewed by both parties, and signatures must be shown from both parties indicating consent to the post-nuptial agreement. Such agreements are usually contracts drafted by attorneys, but it is not necessary that both parties have attorneys as long as there is informed consent without duress.
Some of the Issues That Are Typically Raised in a Post-nuptial Agreement
Although the protection of the financial interests of both parties, such as money, real estate, investments, retirement benefits, and other assets, is still the primary reason for a post-nuptial agreement, the terms can cover more day-to-day issues in the marriage as well, including:
- Financial budgets: If finances are a concern in the marriage, the agreement can create a budgeting system to smooth tensions over spending or restore financial balance.
- Consequences for destructive behavior: In the early years of a marriage, partners may set up behavior boundaries that may potentially jeopardize the marriage if those boundaries are crossed. Some examples of crossing the marital line could be consequences of reckless spending, infidelity, domestic violence, or any form of addiction. In the event of a marriage that has already crossed some boundary, the post-nuptial agreement can be a show of good faith to abide by certain terms in order to rebuild trust and stabilize a troubled marriage.
- Financial agreements that will be honored in a divorce: If the spouses anticipate there may be difficulty over finances in a divorce, they can set specific terms for dividing financial assets or set terms that they agree on for deciding on financial arrangements. Examples of some financial arrangements would be the amount each spouse will pay in alimony, decisions on how certain marital debts will be paid, and how assets will be handled in the event of the death of one spouse. Financial agreements can help streamline the property division in a complex marital estate if the terms are clarified in the post-nuptial agreement. A post-nuptial agreement can preserve separate property by specifying that assets owned prior to a marriage can revert back to that spouse in the event of divorce.
- Marital and parental duties: The spouses to the agreement can decide on certain marital and parental duties that each agrees to undertake. This could involve household chores and responsibilities, and some degree of childcare. In Pennsylvania, it is not possible to set terms for custody of children in a post-nuptial agreement. Custody will always be awarded based on ascertaining the best interests of the child under Pennsylvania law. Therefore, custody and primary childcare questions will be addressed through custody proceedings.
A Post-nuptial Agreement Can Shorten Divorce Proceedings
A post-nuptial agreement can greatly reduce the stress of a divorce proceeding if the terms for property division, business succession planning, special expenses such as college tuition, and provisions for the ex-spouse have previously been considered in the post-nuptial agreement. These terms will be honored by a divorce court since they were terms of an enforceable business contract negotiated prior to marital discord. In Pennsylvania, an arms-length, informed business contract can be enforced without the court having to probe into the fairness of the contract, absent clear and convincing evidence to the contrary.
A Post-nuptial Agreement Can Uncomplicate Debt Issues
One of the biggest issues a marriage must face is how to responsibly deal with marital debt. By creating a post-nuptial agreement that concretely outlines which spouse is responsible for what debts, enormous stress in the marriage can be relieved. The terms for repayment of each debt can be agreed upon, and a schedule can even be created for repayment of those debts. This feature of a post-nuptial agreement can serve as a shield against marital discord and a way for a family to work through any financial concerns about debt.
A Post-nuptial Agreement Can Determine Future Preferences
A post-nuptial agreement can solidify a couple's future planning in areas like retirement planning, college savings planning, saving for a new home, or even saving for a major trip. An agreement on future planning actually unites a marriage and allows a couple to jointly plan for a promising future together. This type of agreement can actually protect and enhance the shared values and communication in a marriage.
A Post-nuptial Agreement Can Protect Inheritance Rights
If a spouse has children from a prior marriage, a post-nuptial agreement can provide which assets will go to those children in the event of divorce or death. This provides some peace of mind for blended families and extended families, and it allows for clarity among all family members.
A Post-nuptial Agreement Can Make Necessary Provisions in the Event of an Injury or Death to a Spouse
A post-nuptial agreement can have terms that protect a spouse in the event of injury or death to the other spouse. It can determine what protections will be in place for a spouse or any children of the marriage or children of a prior marriage. Common examples of this planning would include the issuance of health care insurance, key person business insurance, life insurance, power of attorney documents, wills, trusts, and estate planning.
A Post-nuptial Agreement Can Provide Peace of Mind
When considering whether a post-nuptial agreement may be appropriate, keep in mind that it is designed not to prepare for inevitable divorce but to have the preparation framework in place in case a divorce does happen. By agreeing on many financial and other terms it can pave the way for shortening unnecessary litigation and set the proper framework for a more amicable settlement. Some people believe that a post-nuptial agreement will only bring the specter of looming divorce into the marriage. Another way to look at it is that a post-nuptial agreement brings clarity to the issues that can contribute to a divorce so divorce is more likely to be avoided.
In the event that a divorce does become inevitable, the less stress one experiences during divorce, the better. All the agreements already in place can create a much smoother and more streamlined divorce proceeding. A court will be very likely to accept the terms of a prenuptial agreement as part of an agreed-upon settlement in a divorce.
A post-nuptial agreement, therefore, does plan for more peace of mind during the marriage and in the event of a divorce. Also, a post-nuptial agreement can help get a marriage back on track if issues with debt or behavioral problems are amicably resolved through the successful completion of the agreement terms. A rocky marriage can become more stable by following the carefully outlined procedures in the post-nuptial agreement to successful completion and so resolve difficult issues in the marriage.
A Clear Post-nuptial Agreement May Aid In Custody Decisions
While it is clear that custody and major childcare arrangements cannot be negotiated in a post-nuptial agreement, it is important to note that parents who have effectively communicated on many terms in a post-nuptial agreement are more likely to have the ability to communicate clearly about terms of child custody. One of the big mistakes that impact child custody in Pennsylvania is the inability of parents to cooperate and compromise over the custody of the children. This harms the child who needs both parents, and it will not be well received in court.
Parents who are used to working out issues in their marriage through negotiated agreement are also more likely to be able to work out reasonable terms for a custody settlement. These types of parents have already worked out daily duties and responsibilities that have often involved the children in their medical care, transportation, choice of schooling, extracurricular activities, and even religious upbringing. It is less likely that these parents will need a supervised parenting plan in a contested custody hearing. They will be able to work out a parenting plan through collaboration and agreement since they have already collaborated on many issues in the past. These parents will also have clear financial agreements already in place through a post-nuptial agreement that will help in working out the financial aspects of child custody and caretaking arrangements.
Get Help With a Post-nuptial Agreement or Custody Issue Today
In a society where more than half of marriages end in divorce, it is vital that spouses in a marriage carefully consider their rights and responsibilities in marriage. A post-nuptial agreement may also help you shorten a divorce proceeding.
A well-drafted post-nuptial agreement should be written with the guidance of legal professionals who are well-versed in both contracts and family law. The LLF Law Firm Family Law Team is capable of vigorously representing your interests in Pennsylvania during your marriage and during disputes in your marriage. They are able to rigorously protect you and your family's rights either in a post-nuptial agreement or in marital disputes such as divorce and child custody. You are not alone, and you should let the highly respected LLF Law Firm Family Law Team guide you safely through any necessary procedures in your marriage or the termination of a marriage. Get the help and support you need from our dedicated family law team. Call us today at 888.535.3686 or use our contact form.
