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Prenuptial Agreements Law Firm Chester County Public
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. With experience and compassion, Julie looks forward to helping you navigate this often stressful and emotional time and help solve your family law issues. A prenup lets both parties know about and understand the other's financial situation going into the marriage, including assets as well as debts. Twenty-Eight Lamb McErlane PC Attorneys Recognized as 2021 "Best Lawyers" in Chester County. A postnuptial agreement is entered into after the marriage, and may be appropriate for couples who have experienced significant changes in their economic circumstances and think that a divorce may occur sometime in the future.
Prenuptial Agreements Law Firm Chester County Council
This was followed by her work at Pepper Hamilton LLP where she further refined her skills in the Tax Group. We have two locations to serve clients throughout the surrounding Butler, Clermont, Hamilton, and Warren County regions. Call us today (610) 365-4733 for a free consultation at our Norristown and Philadelphia offices. Each party has the opportunity to secure his or her own attorney when negotiating a premarital agreement, although this is not required by law in order to make the agreement valid. The truth is that any couple can benefit from a prenuptial agreement. Recognized as a Best Lawyers in America 2019- 2022. You may be wondering what the point of entering into a prenuptial or premarital agreement is when your wedding is right around the corner, since the hope is that you and your spouse would remain in love forever. A prenuptial agreement must be in writing, and it must be signed by both of the parties sought to be bound. Montgomery County Bar Association, Member. Super Lawyer in 2021 and 2022. Prenuptial agreements are typically thought of as being used when a wealthy person is marrying someone who is not wealthy, to protect that person's individual wealth in case of divorce.
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The family law attorneys at The Lampe Law Office, LLC, have negotiated the terms of many prenuptial agreements. Lamb McErlane PC Announces That Nine Firm Attorneys Have Been Named 2013 Main Line Today Top Lawyers. What is a postnuptial agreement? Many states still have legal safeguards against gross unfairness, allowing courts to throw out prenuptial agreements that, for example, are unconscionable (shockingly unfair); would make one spouse eligible for public benefits based on low income or assets; did not allow time before the wedding for both spouses to consult their own lawyers and more, depending on the particular state's laws. She is also a member of the Collaborative Law Professionals of Southeastern PA (CLP) which provides for alternative resolution options in the divorce process. Lamb McErlane Partner Carla Marino presents Tax Issues related to Domestic Matters CLE at a Montgomery County Bar Association Seminar. Pennsylvania treats premarital agreements largely like regular contracts.
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Twenty-Four Lamb McErlane PC Attorneys Named 2020 Main Line Today Top Lawyers. Lamb McErlane PC Announces Ten Attorneys Recognized in the Best Lawyers© in America 2019. A party challenging the enforceability of a prenuptial agreement must prove one of the above conditions was not met. While a premarital agreement can deal with a variety of family matters, they are most often used to predetermine property division and alimony issues in divorce. Doris Jonas Freed American Inn of Court, Programming Director, 2009-2010. Carla responds to email and VM quickly at all hours, nights, weekends, she never stops. Parenting Coordinator. Policy of the Chester County Court of Common Pleas Regarding Custody Exchanges and COVID-19 Regulations. Prenups and postnups are valuable tools parties can use to set their marriage on a firm foundation, offering comfort and security to both parties knowing they will be cared for and not taken advantage of in the event of divorce. Premarital Agreements' Effects on Children. LaMonaca Law can also help draft marital agreements for common law marriages, same-sex marriages, or even marital agreements in which assets from a previous relationship are to be protected. One tool that can help is a premarital agreement: a valid, enforceable legal contract signed by prospective spouses before their wedding that takes effect upon the marriage. Historically, courts sometimes set aside premarital agreements when they were unreasonable; left one spouse destitute; were made without full disclosure of a spouse's property and debt; were signed under duress or without mental capacity; were the product of fraud or misrepresentation; and so on.
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What are the requirements for a valid prenuptial agreement? Divorce: Equitable Distribution and Staying on Track During Covid-19. P. S. I never hear divorced men brag about their attorney, I do! Pennsylvania, however, is seen nationally as a unique state that upholds prenuptial agreements under circumstances that might not hold up elsewhere. Hopefully, both parties can negotiate it, sign it, put it in a safety deposit box, and never use it. At The Maroto Law Group, we have nearly 20 years of experience helping our clients through the agreement process. Maybe you recently inherited money and want to make sure your spouse doesn't get it in case you eventually divorce.
Prenuptial Agreements Law Firm Chester County Museum
Sometimes people also include a discussion of alimony or spousal support in their premarital agreement; whether alimony will be paid and, if so, how it will be calculated and for how long it will be paid. 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. Thomas M. Cooley Law School, JD. For those entering a second marriage, a premarital agreement protects inheritance rights for children of the prior marriage.
A prenuptial agreement will only be enforceable absent fraud, duress, undue influence, misrepresentation and unconscionability. They can also serve to protect one party from a debt of the other party, and they can be used to determine spousal support upon divorce of the parties. Protection for Abuse. Focused Exclusively on Family Law & Criminal Defense. If you bring significant wealth to the marriage or the other party brings a lot of debt, a premarital agreement isolates those assets and liabilities and streamlines the legal process. Usually the wronged party to a bad prenuptial agreement was the wife because of the economic and social disadvantages of women and it was seen as appropriate that a court should step in and protect her. Prior children – If a spouse has children from a prior marriage, the spouse will want to make sure those children are not alienated from their inheritance due to the new marriage. Skilled and Knowledgeable Help with Prenuptial and Postnuptial Agreements in Philadelphia. Prior to the execution of a prenuptial agreement, both parties must make full and accurate disclosures to the other party of their property, income, debt and other liabilities. Spousal Support and Alimony Pendente Lite. She was the featured speaker on Domestic Law and Mediation at Rosemont College where she is an adjunct professor in their undergraduate programs.
The drafting of a prenuptial or postnuptial agreement is not done with the expectation that the marriage will fail. Georgetown University Law Center, LL. NOTICE: The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. A prenup can also require the making of a will or taking out a life insurance policy.
First, they can protect a separate property interest of one of the parties in the event of a divorce. Advantages of Creating an Agreement. Protection of your individual property. Maria is AMAZING!!!!! However, both parties should understand that it is not a matter of trust or love. Julie prides herself on being mindful of the emotional toll and financial burden of litigation.