Marital Agreements | Pennsylvania Family Law Blog - The Law Offices of Sheryl R. Rentz

Agreeing While You Still Can: What a Post Nuptial Agreement Can Do For You

By Sheryl Rentz on August 18, 2010

When two people get engaged, plan out a wedding, and officially become a married couple, they often do not take into consideration the repercussions that may result from a divorce. For many couples, the mere mentioning of a pre-marital agreement can be rather offsetting, particularly if its mentioning comes at an inopportune time. However, even if a pre-marital agreement was not decided upon prior to saying “I do,” a post-nuptial agreement can always be drawn up after the wedding.

Like a pre-nuptial agreement, post-nuptial agreements are legally binding contracts that stipulate the allocation of goods or assets in the event a marriage ends in divorce. These agreements should not be considered evidence of bad things to come, but as safeguards in the event that a marriage unforeseeably must come to an end. Post-nuptial agreements protect property acquired prior to and during marriage, assets and monetary accounts that a couple does not want to be considered communal, and can even stipulate power of attorney in the event of harm befalling one or both married individuals. If a couple is contemplating having children together, a post-nuptial agreement can also stipulate custody arrangements and other matters pertaining to those children. (However, it should be realized that in family court, the best interests of a child are always given top priority, and all decisions made regarding children are at the discretion of the court.) Read the rest »