However, prenuptial agreements cannot be used to establish child support or custody rights. COMMUNITY SERVICE & AFFILIATIONS: - Pennsylvania Bar Association, Member. No, the best person. Adjunct Professor – Rosemont College, Social Media / Dispute Resolution – Fall 2013. Lamb McErlane PC Partner Carla Marino Co-Authors 2017 LexisNexis Practice Guide: Pennsylvania Family Law.
We recommend that you have an attorney draft your prenuptial, postnuptial, and cohabitation agreements to ensure they are done correctly and so that they will be enforceable in the event of death or divorce. She was the featured speaker on Domestic Law and Mediation at Rosemont College where she is an adjunct professor in their undergraduate programs. A cohabitation agreement can address any issues that arise during the course of the relationship, such as who pays the mortgage, or how household expenses will be divided. The terms and conditions of a premarital agreement are left to the parties, and they can be creatively crafted to match each couple's unique needs. Skilled and Knowledgeable Help with Prenuptial and Postnuptial Agreements in Philadelphia. In discussing the enforceability of a premarital agreement, the law makes it clear that the following must be present for a valid agreement: - The agreement was voluntary – A spouse who was tricked or pressured into signing a prenuptial agreement could challenge its enforceability. Prenuptial agreements law firm chester county maryland. Given the personal nature of marriage, it is easy to put economic matters on the back burner. Other times, a prenuptial agreement may not have seemed necessary, but changed circumstances create the need to execute a postmarital agreement. While that property is generally not a marital asset in Pennsylvania, the increase in the value of that property during the marriage is. What is a postnuptial agreement? Both prenuptial agreements and postnuptial agreements have gained greater popularity because of their usefulness. Lamb McErlane Announces Eleven Firm Attorneys Have Been Named 2015 Pennsylvania Super Lawyers and Rising Stars. Thomas M. Cooley Law School, JD.
Over 75 Years of Collective ExperienceBetween our attorneys, we have over 75 years of collective experience in ensuring your legal rights are advocated for. A spouse builds a business during the marriage. Lamb McErlane PC Partner Carla Marino Serves as Panelist for Society of Professional Women & Univest Seminar. Prenuptial agreements law firm chester county schools. A post-marital agreement is essentially the same except that it is entered at some point after the marriage has already occurred. First, they can protect a separate property interest of one of the parties in the event of a divorce. Lamb McErlane Expands Its Family Law Practice.
Because of these boundaries, premarital agreements cannot stipulate terms of child custody or waive child support. A prenuptial agreement can also explain how alimony will be calculated in the event of death or divorce. A prenuptial agreement must be in writing, and it must be signed by both of the parties sought to be bound. Maria is who you need!
Call us today (610) 365-4733 for a free consultation at our Norristown and Philadelphia offices. Duquesne University School of Law. A spouse may want to restrict access to property or money if the spouse-to-be has a financial issue like a gambling, shopping or other expensive addiction; or could be unduly influenced by another person to make unwise financial decisions. In Pennsylvania, the statutes emphasize full disclosure of financial information by both individuals entering into a marriage. The standard of proof is "clear and convincing evidence, " which is a higher standard than is typically required in other civil proceedings, including other aspects of a Pennsylvania divorce or child custody dispute. MacElree Harvey also has an active Alternative Dispute Resolution practice where parties can mediate or arbitrate the outcome of their conflict, often at a much lower cost financially and emotionally. At MacElree Harvey, our family law attorneys understand that each family law case is unique and strive to meet the client's individual needs. She concentrates her practice in Family Law and specializes in all aspects, including, but not limited to, pre-nuptial planning and agreements, post-nuptial agreements, divorce, equitable distribution, child custody, alimony, support, property settlement, all related litigation and mediation of issues. Philadelphia Prenuptial & Postnuptial Agreements Lawyer. Health Law Newsletter Fall 2018. Maybe you never got around to signing a prenuptial agreement.
She is authoritative and at the same time comforting. Beware and be aware before signing a Pennsylvania premarital agreement. Protect Your Interests Through Premarital Planning. Doris Jonas Freed American Inn of Court, Programming Director, 2009-2010. Pennsylvania takes the view that two contracting parties can agree to whatever they want as long as each party fully discloses his or her financial situation, including debts, and there is no fraud, misrepresentation or duress.