25+ Years of trusted representation & superior results for clients. Nobody will fight harder than us.

Benefits of a postnuptial agreement in divorce

On Behalf of | Feb 29, 2020 | Family Law |

Few Pennsylvania couples think about the possibility of divorce while in the whirlwind of romance. However, taking the time to craft a prenuptial agreement prior to marriage can offer benefits should you end in divorce. For those who did not think about this valuable document before saying “I do,” there is the postnuptial agreement. 

Forbes states couples can enter a postnuptial agreement at any time past the wedding. Beyond divorce, the document may actually benefit the marriage by outlining the expectations and providing provisions of support. Couples can outline conflict resolution, resolve financial disagreements and even dictate chore allocation in the document. 

The major benefit of a prenup during divorce is that most couples have already discussed finances outside of the emotional nature of dissolving the marriage. By deciding these items ahead of time, the divorce may cost less both emotionally and financially for the couple. The document may even prevent the couple from heading toward divorce by providing a roadmap for decision making that does not lead to resentment. 

The Philadelphia Gay News states that the law has basic requirements in order to have the postnuptial agreement enforceable. The state does not use a “fairness” criterion regarding the distribution of assets. If the postnuptial agreement has imbalances, those are enforceable during a divorce. 

The courts generally favor postnuptial agreements during divorce proceedings. The document allows the couple to make the choices on how to separate assets rather than the court enforcing default state laws. The court does require that both parties understand what is in the document they are signing including the full financial picture.