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Securing financial assets while seeking divorce

Going through a bad relationship is never easy. Most couples in Pennsylvania agree that divorce involves a lot of emotional stress. Along with the emotional factor, financial security is also on the minds of divorcing couples. Pre- and post-nuptial agreements are effective methods to reduce the stress of property division between separating couples.

Post-nuptial agreements are becoming increasingly popular among married couples. The only difference between pre-nuptial and post-nuptial agreements is that a pre-nuptial agreement is signed before the wedding and a post-nuptial agreement is signed after the marriage.

A post-nuptial agreement is generally entered into by a couple who feels that their marriage may dissolve or, in some cases, by couples who have been previously married and endured difficult divorces. A post-nuptial agreement may include provisions regarding division of assets, division of marital property and issues like child support and child custody. Some couples even include the custody of pets in a post-nuptial agreement.

According to legal professionals, rising divorce rates nationwide have contributed to the popularity of post-nuptial contracts. Presently, all states, except Ohio, recognize post-nuptial agreements. However, they may be treated differently from state to state. Some states treat the post-nuptials as a probate matter, only enforceable if one spouse dies during the marriage. Other states may enforce the agreements in another manner.

It is essential that all provisions and clauses of a pre-nuptial or post-nuptial agreement are drafted with utmost care. Couples may choose to consult an experienced family law attorney for help with such contracts. Professional advice may also help in ensuring that the agreement does not jeopardize the interests of one of the spouses. When seeking a divorce, it is important that both spouses reach an understanding over financial issues, property division, child support and other topics in order to avoid a stressful legal proceeding.

Source: Fox42 News, "Post-Nuptial Agreements Growing Trend in Marriages in U.S.," Jan. 04, 2013

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