Gone are the days when prenuptial agreements were only used by or useful for the rich and famous. More and more couples in Pennsylvania and throughout the nation today are entering into these marital contracts as noted by the American Academy of Matrimonial Lawyers. Such documents are still utilized as a means ofprotecting assets during divorces but their benefits extend far beyond that.
Social media makes it very easy for a person’s reputation to be damaged with a single mouse click. As such, Fox News has indicated that today’s prenuptial agreements can include social media clauses to guard against this method of slandering former partners.
Provisions regarding the appropriate or banned use of social media during or after divorces should be as specific as possible as to what actions are and are not allowed. Detailed descriptions will make such clauses more able to be enforced should they need to be. Additionally, identifying any actual harm that may result from such public slander can also aid in the enforceability of these elements of marital agreements.
Not just for before marriages
Prenuptial agreements tend to get more publicity but couples who did not create marital contracts before they got married still have options afterwards. The Daily Beast indicates that postnuptial agreements can be highly beneficial to partners that ultimately make the choice to stay home with children.
A postnuptial agreement can detail out support promises for the parent who is no longer employed. This can potentially make the choice to leave the workforce to raise children more viable and safe than without such a document in place. It is generally understood that people who take several years away from careers cannot resume working at the same pay levels as when they left. These agreements can prevent some of the issues that arise in these situations.
Prudence is important
Not all marital contracts are created equal. According to The Huffington Post, there are several things which can compromise the effectiveness of marital agreements, potentially even invalidating them. For example, stipulations regarding financial child support cannot be included in premarital agreements.
Unreasonable clauses such as demands that one spouse maintain a certain weight or hair color can call into question the reasonableness of such agreement. Lack of written documentation with legal representation for both parties may also result in contracts being nullified.
Do it right
When interested in prenuptial or premarital agreements, couples are urged to seek legal advice, including individual attorneys for both partners. Taking the time to properly draft all contracts will make a big difference down the road should they be needed.
Keywords: prenuptial agreement, contract, postnuptial