IN Murrysville Winter 2017 | Page 11

INDUSTRY INSIGHT

FAMILY LAW

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Do I Need a Prenup ?

Discussing a potential Prenuptial Agreement with your fiancé may seem like a difficult task . But it is not as difficult as what may happen if you divorce without one . Prenuptial Agreements , also referred to as Ante Nuptial Agreements , are used to define how your marital estate will be treated in the event of a separation or divorce . They are also used to protect assets in the event one of you dies after a marriage .

There are many benefits to having a Prenuptial Agreement , including :
1 It allows you and your fiancé to determine , in advance , a plan regarding your rights and obligations in the event of a separation , divorce or death .
2 It allows you to direct the distribution of your marital assets . Without a Prenuptial Agreement , your property may possibly be divided by the court after litigation , which can often be contentious and costly .
3 It can help protect against debts your spouse may incur during the marriage .
4 It can help protect your ownership interests in a business .
5 If you do separate and then divorce , a Prenuptial Agreement will streamline the divorce proceedings .
6 If you have children from a prior relationship , a Prenuptial Agreement can be used to protect your children ’ s inheritance and property rights .
So if you are contemplating marriage , you should consider the following :
1 You should have competent legal counsel to advise you about how a Prenuptial Agreement can protect you given your particular facts and circumstances .
2 Neither you , nor your fiancé , should be under duress or have diminished mental capacity at the time the agreement is signed .
3 Both parties must fully disclose their assets and liabilities in order for the agreement to be valid and enforceable .
Entering into a valid and binding Prenuptial Agreement can help to avoid future uncertainty in the event of separation , divorce or death . We regularly counsel clients who are about to marry . It is time well spent . Give us a call .
Your Team : ( Front ) Shannon Sacca , Esq ., Reid Roberts , Esq . ( Chair ), Chrystal Tinstman , Esq ., Max Levine , Esq . ( Back ) Stephanie Kundly , Angela Waxler , Theresa Greco , Tealizalynn Doyle , Rachel Marcyjanik , Stevie McCorkle , Jwan Allen ( not pictured )
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