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Klenk Law

Postnuptial Agreement Lawyer – Philadelphia, PAProbate Attorney Allentown, PA

Due to references in popular culture (and possibly personal experience), most American and Pennsylvania adults have heard of a prenuptial agreement. These legal tools help set a foundation for marriage and to protect the interests of each person in the event of divorce. Far fewer Americans are familiar with post-nuptial agreements.  A postnuptial agreement is a valuable tool. While prenuptial agreements are essential, post-nuptials can keep a marriage on the right track.

If you are currently married (either happily or you are contemplating divorce), you may benefit from taking advantage of the postnuptial agreement drafting process. On the most basic levels, a postnuptial agreement functions just like a prenuptial agreement. The only significant difference between the two documents is that one is entered into before marriage begins and one after. The legal team at Klenk Law has extensive experience with drafting postnuptial agreements. We would be happy to help you determine whether taking this step would be a good move for you and your spouse.

Postnuptial Agreements – The Basics

An experienced Philadelphia, Pennsylvania postnuptial agreement lawyer can help you to understand better how a postnuptial agreement may benefit you and your marriage. Are you contemplating divorce?  A postnuptial agreement can help you determine how you and your spouse would like to divide your marital property. Further, how you would like to behave as co-parents once you are no longer romantically linked. Are you happily married?  Drafting a postnuptial agreement refocuses and “reboots” certain marital areas. Why not work together to set reasonable agreed expectations? Why not work towards goals together with the aid of healthy boundaries? A Philadelphia, PA postnuptial agreement lawyer can help you figure out how to achieve whichever ends are relevant to your unique situation.

You may be wondering if you can construct an enforceable postnuptial agreement without the aid of a Philadelphia, PA postnuptial agreement lawyer. Although the independent initiative is admirable, postnuptial agreements are binding documents. Treat them with care. Just as you would not approach significant medical treatment without consulting a doctor, an attorney’s input is useful before taking a significant legal step.

Legal Guidance Is Available

Does drafting a postnuptial agreement interest you?  Or do you have questions about this legal tool? Please do not hesitate to connect with an experienced Philadelphia, PA postnuptial agreement lawyer today. There is no harm in asking questions. Consulting with an attorney does not commit you to take any legal action. Consultations are confidential, so you need not be shy about exploring this option. Take a little time to determine whether drafting a postnuptial agreement would be a healthy choice for you and your spouse.  Rest assured that you have made an informed decision either way.

Please consider connecting with a Philadelphia, PA postnuptial agreement lawyer at our firm today. We will be happy to assist you. We look forward to answering any questions you may have about the postnuptial agreement process.

The Importance of Hiring a Postnuptial Agreement Lawyer in Philadelphia, PA

A postnuptial agreement drawn up by a lawyer is essential for many couples in Philadelphia, Pennsylvania, to have and not just for those who are wealthy. A postnup is a legally binding contract that predetermines which spouse will receive which assets (if any) should the marriage terminate. Unlike a prenuptial agreement, the couple signs a postnuptial agreement after the couple is married. 

A postnup can ensure a fair distribution of assets, whether they are of high dollar value or sentimental value. When a marriage fails, it is often tumultuous time of high emotions, anger, and frustration. If a Philadelphia, PA postnuptial agreement lawyer from  Klenk Law Firm prepares the prenup, it will be a well-thought-out and considered document. If the marriage ends, you want a clean break, not years of litigation. A binding document is highly preferable to a simple document written by one of the spouses before the marriage, which may not hold up in court should there be litigation in the future.

Understanding the Nature of a Postnup Agreement

As mentioned, a postnup will pre-determine which assets the couple owns should be divided between them. . Because a postnup drawn up by a Philadelphia, PA postnuptial agreement lawyer is legally binding, it can eliminate much of the emotional trauma that occurs when a postnup is not in place. In addition to asset distribution, a postnup will usually specify if there should be spousal support (alimony). If so, how much the payments will be when they terminate, and other terms. A postnup may also dictate which spouse should be financially responsible for paying which debts that have accrued before and during the marriage.

In Advance of Writing a Postnup Agreement

Before meeting with a Philadelphia, PA postnuptial agreement lawyer, it can be helpful to clarify your goals and wishes. For example, you may wish to put the following information in writing with the intent of bringing the documentation with you to your lawyer:

  •         Specify which assets to include in the postnup. Describe each and who is the current owner of each asset. Your spouse should do the same.
  •         Specify who should own each of your assets post-divorce should the marriage be terminated. Your spouse should do the same with their assets.
  •         Include businesses owned by yourself or by your spouse. Also, property acquired before the marriage and property or assets you anticipate acquiring during the marriage. The list might include investments or property and assets that may be inherited by you or your spouse.

Terms Commonly Included in a Postnup

When you meet with our Philadelphia, PA postnuptial agreement lawyer, the process will include addressing possible contingencies. The contents of the postnup will significantly depend on your unique circumstances. Most postnups will contain language that reflects the following:

  •         Whether or not to use mediation or another form of dispute resolution instead of going to divorce court.
  •         How to divide (or not to divide) retirement accounts and other deferred assets packages should you divorce.
  •         How to distribute business assets and business or personal debt in case of a divorce.
  •         Which spouse (if either) will continue living in the marital home or homes and who will be responsible for paying the property taxes, mortgage, and insurance.
  •         Decide who will pay any existing student loan debt.

To learn more about the legal services offered by postnuptial agreement lawyer Philadelphia, PA couples recommend, contact  Klenk Law Firm today.



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I contacted Peter through his website using the free consultation link for a question regarding a will. While I was expecting only a few minutes, it was a lengthy conversation. He made sure he understood the situation by asking many questions before offering advice. He then went through my options and results of each one. He left it up to me to decide if I wanted to proceed and did not push me toward one or another. His website has very useful information which I definitely researched before I called him. While I decided not to proceed at this time, I feel I had enough information to make that decision. I would not hesitate to hire him should I need to in the future.

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I saw four lawyers and was told by all of them; I should just forget contesting my mother's will. I knew what happened, but it is very hard to prove undue influence. I contacted the Law Offices of Peter L. Klenk & Associates. Attorney Amanda DiChello took my case. They were very honest and upfront about what would be involved trying to prove what I knew was true. Attorney DiChello may be young but she is extremely knowledgeable and skilled. She listened and understood what I conveyed to her. She knew exactly what information to use and crafted an outstanding interrogatory and many powerful depositions. Attorney DiChello understood the various emotional feelings this case created for my family and me; she was always there for us with a kind and encouraging word. We went to trial. The amount of work which she and her Paralegal did for the trial was incredible. They both knew my case inside and out! Attorney DiChello's powerful interrogative and thinking skills produced a positive outcome. Attorney DiChello did what other seasoned lawyers said was impossible!

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Peter Klenk made a complex subject understandable and allowed us to move forward with our estate planning. He was patient with our questions and creative in the solutions he proposed.

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