Prenuptial and Postnuptial agreements are a responsible and effective way to protect your assets, marital property and finances in the event that your marriage ends in a divorce. At the beginning of a marriage, some couples do not like to think about the prospect that the marriage might not last forever. The fact remains that, while going into a marriage with a positive attitude about the future is a wonderful thing, drafting a prenuptial agreement is like buying car insurance; you do not expect to get into a car accident, but you buy the insurance just in case.
At the law firm of Iwanyshyn & Associates, we help our clients draft appropriate and responsible prenuptial agreements. If a prenuptial agreement is not drafted correctly, the court may overturn the agreement during a divorce and the protection that the agreement was intended to provide will not be available.
Marriage is a wonderful institution, and we support it fully; and we never seek to have any marriage dissolved, except for the safety of the individuals or their offspring. Individuals choose to pursue and obtain a prenuptial agreement with their fiancée for several reasons: protection of assets, protection of inheritance, protection of an on-going business, protection of children from a previous relationship, negotiation of the disposition of assets upon divorce, illness or death.
When drafting a prenuptial agreement prior to entering into a marriage, one of the most important aspects is the full disclosure of assets from both parties. The failure to fully disclose the income, assets, and liabilities of each party can render the agreement invalid. This is true whether the failure of full disclosure was intentional or was a legitimate mistake by one or both of the parties involved.
We shall provide you with a complete prenuptial agreement that is enforceable in the Commonwealth of Pennsylvania, and as honored by other states. The topics typically covered in include: joint property, separate property, alimony and child support, income and wealth-building, technology, debts, divorce, retirement, illness and death, estate planning, portability, medical, and wills and living wills. We shall provide you with recommendations and advice, but in the end, it is an agreement between you and your fiancée.