No one gets married with the intention of later getting divorced; however, almost half of all marriages end in divorce. Though there are many ways to keep your marriage strong and attempt to work through troublesome issues, there is only one way to protect yourself and your assets should you find yourself getting divorced: get a Prenuptial Agreement.
A prenuptial agreement is a contract entered between you and your future spouse. This contract sets forth the manner in which the economic aspects of a divorce will be handled. If divorce never occurs, then prenuptial agreement sits idle among your other important papers. Both parties sign the prenuptial agreement, but it does not get filed with any court.
Since a prenuptial agreement is a contract between two parties, it is customizable. It can last indefinitely or it can be set to expire on a certain date or upon the occurrence of a specific event. Prenuptial agreements can dictate alimony, equitable distribution (the division of assets and debts upon divorce), attorney’s fees and many more aspects. Alternatively, the agreement can focus on one or two limited items such as the rights to a family business or the possession of a specific asset or set of assets.
A prenuptial agreement may not determine custody of minor children. Under Pennsylvania law, child custody (both physical custody and legal custody) is determined only after due consideration of the best interests of the child. A prenuptial agreement may not create an enforceable child support obligation. A prenuptial agreement may not require anything illegal or against public policy. If you are ready to discuss your options and how a prenuptial agreement could benefit you, contact the attorneys of Omnis Law Group, LLC now to schedule a consultation.