Post-Nuptial Agreements: Not Just for Cheaters

Q: Why would couples sign a post-nuptial agreement?

Pennsylvania marital agreement attorneys help couples before or after their marriage enter contracts establishing the rights and responsibilities of the couple if they don’t live happily ever after.

Most people have heard of a pre-nuptial agreement–the contract between a couple entered into before the wedding that outlines how their property will be divided in the event of separation or divorce.

But a post-nuptial agreement– – entered into after the marriage as its name implies – – is less well-known. A post-nup not only specifies how assets and debts will be divided but also clarifies the rights and responsibilities of each spouse toward the other in the event the couple divorces or one or both of them dies.

Why would a couple choose a post-nuptial agreement?

For one thing, some couples feel awkward asking for a pre-nuptial agreement in fear of offending their soon-to-be spouse with what could be deemed as doubt or as a lack of affection or confidence in their upcoming union. Others may simply have put the pre-nup at the bottom of the pre-wedding checklist and never got around to doing it before the wedding arrived—so they do it afterwards.

There’s another very common scenario that brings a married couple into the family lawyer’s office for a post-nuptial agreement…adultery or a similar transgression by one spouse.

While some couples would head straight to divorce, others may choose to work at saving their marriage. Sometimes the “wronged” partner can get the “guilty” partner to agree give them a more generous “parting package” in the event of a future divorce –in exchange for agreeing not to file for divorce at the current moment.

Because post-nuptial agreements do not have the rock-solid history of being upheld by courts like pre-nuptial agreements generally enjoy, couples considering a post-nuptial agreement should seek out an attorney with post-nuptial agreement experience.

If you are in need of a pre-nuptial or post-nuptial agreement, the Law Office of Gary R. Swavely, Jr. can help. Contact the office today for a consultation.

From our office in Redding, we help couples in Berks and the surrounding counties in all areas of family law.