When Pennsylvania couples are expecting a newborn, this may be the last time that they want to consider the possibility of divorce. However, it can be an important time to think about issues that could arise if the couple separates while they are feeling positive about one another. Child custody and child support can be some of the most contentious issues in a divorce. However, they are far from the only issues of concern. Prenuptial or post-nuptial agreements can help people to prepare in advance for some major divorce matters.
While many people are familiar with prenups, post-nuptial agreements less common but are similar in many ways. Rather than taking place before the marriage, this type of contract is signed after the marriage has already started. It addresses the same types of issues, including financial matters and asset division. It can establish rights and obligations and should reflect the interests of both parties signing the agreement. Both parties should be represented by their own attorney during the process to ensure that the outcome is fair and will later be upheld in court. While many people may wish to include child custody and support in a postnup, most judges do not allow parents to decide on these matters for unborn children in advance.
One of the most common uses of post-nuptial agreements is to protect one spouse’s startup business from the asset division process and lay out clear compensation in case of a split. Many investors require seeing a prenup or postnup on file before agreeing to invest in a closely held startup.
When married couples consider the future, they may find more security for themselves and their children by negotiating a post-nuptial agreement. A family law attorney can represent one spouse throughout the process and work to secure a fair outcome.