It is common for couples to enter a contract outlining how they would divide their assets and liabilities if they divorce. These contracts can be created before or after getting married and used to deal with several issues that divorcing or separating couples must consider.
For example, the pre or post-nuptial agreement can address custody, alimony, support, and responsibility of children and other obligations.
At Mooney Law, our experienced Central Pennsylvania pre- and post-nuptial attorneys can help you negotiate and draft these agreements to protect your interests. We can also fight on your behalf if you divorce and the other party does not meet the terms outlined in it.
Understanding Pre and Post Nuptial Agreements
At Mooney Law, we believe in empowering our clients with the knowledge they need to make informed decisions about their future. Pre and post-nuptial agreements are powerful tools for couples looking to define their financial relationship before and after marriage.
Pre-Nuptial Agreements
A pre-nuptial agreement, often called a “prenup,” is a legal document created before marriage. This agreement outlines how assets and finances will be handled during a divorce or separation.
Our role is to ensure that your pre-nuptial agreement is tailored to your unique circumstances, providing a clear roadmap for your financial future. We believe in crafting agreements that protect your interests while respecting the foundation of trust and partnership upon which marriage is built.
Post-Nuptial Agreements
Unlike a prenup, a post-nuptial agreement is established after a couple is legally married. It serves a similar purpose, detailing the distribution of assets and responsibilities should the marriage end.
At Mooney Law, we understand that circumstances change, and a post-nuptial agreement can be a proactive step towards securing your financial future together. Whether due to changes in wealth, inheritance, or simply a desire for clarity, we’re here to guide you through the process.
Navigating Non-Compliance in Pre- and Post-Nuptial Agreements
At Mooney Law, we recognize the significance of pre-and post-nuptial agreements as foundational elements for your marital financial planning. However, there may come a time when a spouse does not adhere to the agreed-upon terms.
Here’s how we approach these delicate situations to safeguard your interests.
Identifying the Breach
The initial step is to identify how and where the terms of the agreement have been violated. Our team reviews the agreement alongside the actions in question, ensuring we understand the breach. This thorough analysis forms the basis of our strategy to address non-compliance.
Open Communication and Mediation
We believe in the power of open communication as a first step towards resolving disputes. Our team encourages and facilitates discussions between you and your spouse to seek a resolution that honors the original agreement while considering any changes in circumstances. Mediation often provides a neutral ground for both parties to express their concerns and work towards a mutually acceptable solution.
Legal Enforcement
Should mediation fail to yield the desired outcome, the next step involves legal enforcement of the agreement. Our experienced attorneys are prepared to advocate on your behalf, presenting the case to a court if necessary. We aim to ensure that the terms of your pre-or post-nuptial agreement are upheld, protecting your rights and assets as initially intended.
Review and Revision
In some cases, it may be appropriate to review and revise the existing agreement to better reflect the current realities of your marriage. Our team is skilled in negotiating and drafting amendments to pre-and post-nuptial agreements, ensuring they remain relevant and enforceable.
Guidance and Support for Pre- and Post-Nuptial Agreements
At Mooney Law, we understand the importance of protecting yourself and your future. We believe that pre- and post-nuptial agreements offer a smart and effective way to do that.
Our experienced attorneys can help you draft and enforce an agreement if needed. If you have questions or need assistance, contact our office today.