Thinking about the future is beneficial for everyone. An experienced prenup lawyer helps you incorporate all of your wants and needs into an agreement. Protect yourself and your interests with a prenuptial agreement
Why You Need Susan Gibson as Your Prenuptial Agreement Lawyer
Ensuring your future is considered at every step
A prenuptial agreement plans for more than just divorce. It establishes how issues are handled during a marriage too. A prenup attorney helps you develop a solid agreement.
Here’s how Susan Gibson benefits your case:
She’ll Ensure You Consider Everything
Whether you have children from a previous marriage or a successful business, you’ll want to include all issues in your prenup. If you forget to include anything, those legal matters may be left up to a judge.
A prenuptial agreement attorney creates an all-inclusive plan.
She’ll Protect All Your Interests
A prenup should ensure your most valued assets are protected so that your future endeavors are successful. That includes everything from premarital assets to separate property and even marital property that you want to retain.
Gibson Family Law, PLLC provides legal representation that considers your wants and needs.
She’ll Represent You in Court
If you need to enforce a prenup or challenge one, you must go to court. Your prenuptial lawyer stands by your side and protects your rights throughout the process.
Susan Gibson understands Pennsylvania prenup law and applies it to your case.
Understanding Prenuptial Agreements in Pennsylvania
Legal representation that helps you understand all your options
Prenuptial agreements are more common than you might think. They are legal in Pennsylvania as long as fraud and coercion don’t occur.
What is a Prenuptial Agreement?
A prenuptial agreement is a legal contract made before the date of marriage. It addresses many issues that might come up during a marriage or separation of divorce.
Provisions included in prenups are:
- Established spousal support and alimony
- Management and possession of real estate
- Division of property acquired during the marriage
- Issues that might be relevant to any future spouses
- Protection of the rights of children from prior relationships
- Retention of premarital and separate property
- Distribution of other property
- Child support
- Rights of a surviving spouse if one spouse passes away
Child custody cannot be determined in a premarital agreement because only a judge decides this issue. The judge considers the child’s best interest upon separation of the parents.
Why Would Someone Need a Prenuptial Agreement?
Many people think only the wealthy need prenups for high-asset divorces. However, this is false. A prenup considers all current assets and property and issues that might come up in the future. Although a newly married couple may not have much property, this will likely change over time. A prenup plans for these future issues.
Business Owners Might Consider Prenups
Suppose you have a business that was started before marriage. In that case, a prenup establishes who owns the interests of the company if a divorce happens.
Your business partners and investors may even require such an agreement between you and your future partner. If you fail to plan for this scenario, you may face division of your business or distribution of its value if you go through a separation.
Prenups Could Benefit Your Children
If you have children from a prior relationship, a prenup protects their interests in your assets. You’ll want to provide for them in the future in case something happens to you or you divorce your spouse.
What’s Included in a Prenuptial Agreement?
Developing a secure agreement to protect your interests
A prenup includes any issues that might come up during a marriage or that might be decided in a divorce. Some examples include the following:
Real Estate
Your prenuptial agreement should include details about who gets to keep real estate that was owned before the marriage, and anything acquired during the marriage. You should mention the marital residence as well as any vacation homes, timeshares, and other property.
Personal Property
Prenuptial agreements should consider all premarital property, including family heirlooms and other valuable items. You may not be able to specifically name property obtained after your marriage, but you can determine a process for dividing that property.
Spousal Support
You can determine spousal support or alimony if divorce occurs. Although this will be difficult to discuss before marriage, both you and your future spouse should consider this aspect to protect yourself in the future.
Child Custody & Support
A prenuptial agreement does not typically include provisions related to child support or child custody. Typically, those issues can only be decided after the parties are separated. Ultimately, the parties by agreement, or the court, will determine custody, visitation, and support to ensure the decision is in the child’s best interest.
Incorporating an Estate Plan
Your prenuptial agreement includes information similar to an estate plan. Your premarital agreement can be incorporated into your estate plan. It should consider what will benefit the surviving spouse.
Prenuptial Agreement FAQs
When considering a prenuptial agreement, you will likely have many questions. We can provide answers to many of those questions.
What Makes a Prenup Legally Binding?
A prenup is a legally binding contract as long as it meets specific requirements. Both parties must make full disclosure of their financial worth and assets.
Additionally, the agreement must be made without fraud or duress. Threatening to call off the wedding does not constitute duress.
Should I Create a Prenup by Myself?
No. A prenup is a legal document that should be carefully created to include all issues that might arise. Your agreement lawyer should draft the agreement and ensure it meets your needs entirely. If you try to do it yourself, you may leave something out and fail to protect your future.
How Are Children from a Prior Relationship Protected?
A prenuptial agreement helps to ensure that your children from a prior relationship receive an intended inheritance by protecting your assets in the event of divorce from a subsequent spouse, or in the event of your death while married to a subsequent spouse
Let Gibson Family Law, PLLC Help You
A prenup protects you now and in the future. Don’t leave all issues up to the court. Susan Gibson has almost 15 years of experience guiding clients just like you.
Divorce
Divorce looks different for everyone, depending on their circumstances. Pennsylvania is a no-fault state for divorce, and the process can get complicated. However, your family law attorney informs you of Pennsylvania divorce requirements and helps you file the necessary paperwork.
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Equitable Distribution
Pennsylvania law determines the division of property based on what’s equitable, not equal. The court’s goal is to put both parties in almost the same position they would be if they remained married. Your attorney will evaluate your assets, highlight any issues, and assess all available arguments in your case.
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Child Custody
Many parents have varying degrees of shared physical custody of their children, and much goes into the final decision. In Bucks County's Court Conciliation and Evaluation Services program, an evaluator will talk to parents, children, and other relatives to give the court information on both parties to resolve any child custody disputes.
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Child Support
With adequate information, your attorney advocates for your position so that the Court can determine the amount you can expect to pay in child support. Cooperation and transparency are key to achieving a desirable outcome. If things change in the future, your child support may be modified.
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Spousal Support / APL
Like child support, spousal support is driven by income and earning capacity. For complex income situations, your family law attorney works with and collaborates with forensic accountants to determine net income available for support.
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Prenuptial Agreements
Although newlyweds don’t consider the possibility of divorce, a prenuptial agreement determines what happens to your assets if one occurs. Your attorney can establish a plan if you and your spouse divorce to ensure your future is secure.
Read MorePostnuptial Agreements
Like prenuptial agreements, a postnuptial agreement sets forth what will happen to you and your spouse’s assets after a divorce. The difference is that a postnuptial agreement occurs after you’re already married.
Read MoreLGBTQ Divorce
Like any divorce, same-sex couples must endure a similar process when they wish to end their marriage. However, there could be unique factors that could come up in your case. Let a family law attorney listen to your story and provide a smooth divorce process.
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Cohabitation Agreements
Some couples may decide they don't want to get married but will want to find ways to protect their financial interests if they move in with their significant other. Getting help with a cohabitation agreement can save time and money before an issue arises.
Read MoreContempt & Enforcement
Court orders are binding. Modifying them is possible, but if anyone isn't following a court order, they can be held in contempt and it can be enforced. Attorney Susan Gibson can explain that process and help you.
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