Philadelphia, PA- Not all couples are going to face the harsh reality of divorce, but a good percentage will. And that percentage will soon have to deal with the trials and tribulations of unraveling their lives from their spouses. Divorce is already an emotionally tumultuous event which is only compounded by the pragmatic issues a couple must deal with– most notably child custody–amid their divorce. Those pragmatic issues can be handled long before a couple divorces through a prenuptial agreement.
As you can imagine, no aspect of divorce is more emotionally wrought than child custody. There are couples that can come to a general consensus on the issue, but very often child custody can be the hardest issue for a couple to resolve. Child custody can become so contentious that a divorce could drag on for months, and, in bad cases, years.
Under the stress and bitterness of divorce, children can easily become a pawn of their parents. A prenuptial eliminates this issue by dictating who will get custody and who will pay child support before an unhappy couple heads to family court.
This can become very complex when a couple factors in marital benefits like health insurance, retirement accounts. If a couple owns a vacation home or cabin or a second vehicle, disputes over how to divide those assets can arise and become a sticking point in divorce settlement negotiations. Debts are also considered assets, they aren’t positive assets, but they are a part of a couple’s overall wealth. A prenuptial agreement eliminates the difficulties of dividing assets by allowing a couple to decide these issues in better times. Anytime assets are acquired or sold off, a couple can have the terms of the
With a prenuptial agreement sensitive issues are settle during a peaceful time, when both parties can more easily agree on important issues. It is much easier for two parties to successfully negotiate when they aren’t locked in an emotional battle.
Another big advantage of a prenuptial agreement is that they are generally uncontested. Pennsylvania courts see prenuptial agreements as legally binding documents that must be honored, though there are some exceptions. In order to contest a prenuptial, one of the spouses must be able to prove their marriage was a fraud and/or the terms of their prenuptial are considered unconscionable or unreasonable.
There are plenty of things for a couple to bicker about during their breakup, so why not take a simple step to make divorce a little less painless. A prenuptial agreement is that simple step that can take some of the acrimony out of your divorce. If you have questions or need advice, contact a divorce attorney in Pennsylvania to discuss the many benefits of a prenuptial agreement and why you should have one.
USAttorneys can connect a couple with a lawyer who can assist them with all aspects of a prenuptial agreement. Whether you need to have one drafted up, reviewed or want to contest one, our team of divorce lawyers can help.