When individuals think of pre-nuptial and post-nuptial agreements in the Southeastern, PA area, they often have negative feelings about them. Why would someone want to set up a contract for what happens in case a divorce occurs? Doesn’t this put the marriage on wrong footing from the start? Why think of the negatives before even starting your life together? While these are all legitimate questions asked by clients of Attorney Jack A. Rounick, they are not the only questions. There are many times in which there are great reasons for developing a pre-nuptial or post-nuptial agreement before or during a marriage.
The first reason is to protect one’s assets. In a divorce or death where there is no agreement, both parties need to abide by the default determination of how to split marital property. This can be rather difficult to do especially when some individuals are dealing with a large amount of personal property that was theirs before the marriage began. This can greatly affect what was acquired and result in having the wrong assets taken away from an individual during a divorce. Protecting these assets, such as the development of a business or personal savings accounts that were procured before the marriage can only be done with a signed pre-nuptial or post-nuptial agreement.
Having a pre-nuptial agreement prepared is a smart way to enter a marriage. It can ensure everyone is on the same page as to what needs to be done if the marriage fails or if one of the parties passes away. It is no different than individuals lining up a will to protect their family in the event of a death. This is especially true where one of the parties comes into the marriage with a considerable amount of assets, especially whether it is a business or family assets.