Everything You Need to Consider as You Draft a Prenup
Everyone wants to believe that their marriage will outlast happily ever after, but, unfortunately, this isn’t always possible. In the event that your marriage does fizzle out prematurely, a prenuptial agreement can protect you and the life you had before your marriage by ensuring you maintain ownership of your assets. It can offer broad protection, so long as you take the time to consider all of the aspects of your individual situation and what a premarital agreement can and cannot do to preserve it.
What a Prenuptial Agreement Can Achieve in Pennsylvania
State laws clearly outline the abilities of a prenuptial agreement and the assets they can protect. Per Pennsylvania law, you can use your prenup to address:
- Alimony claims, except for any mention of waiving spousal support
- Business matters
- Gifts received during the marriage
- Individual property
- Insurance claims
- Spousal rights to buy or sell assets during the marriage
Limitations of Pennsylvania Prenuptial Agreements
While prenups offer broad protection, there are still certain limitations to what they can accomplish. Pennsylvania prenups cannot cover:
- Child custody
- Child support
- Personal matters aside from any financial decisions
- Religious decisions for children
- Waivers to alimony
Essentially, Pennsylvania premarital agreements are reserved to protect assets and wealth and have no jurisdiction over matters relating to childcare after a divorce. Furthermore, they cannot dictate how families will operate. While couples are encouraged to think towards the future and how they will raise their family, a prenuptial agreement cannot make those types of decisions legally binding.
This gives you the space to share the debt you and your partner are bringing into the marriage. While you may vow to love them for richer or poorer, you shouldn’t be obliged to help them recover from the “poorer” if your marriage ends. Your prenuptial agreement can protect you from any offloading of debt onto you.
If you have a personal pet, or even a pet that you and your partner adopted together before your marriage and have grown equally attached to, a prenuptial agreement can document the protocol for who should care for the pet in the event of a divorce.
Lawyers to Help You Consider Every Aspect
Cairns Law Offices lawyers will help you look at your scenario and draft prenuptials to protect you and your assets. We will help you take full advantage of your agreement to account for everything the document can address and will do so in a manner that can benefit you.
Cairns Law Offices attorneys can help you construct a prenuptial agreement tailored to your situation and needs. Call us today to get started: (888) 863-9115.