Prenuptial Agreement
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[GRAPHIC: Iwanyshyn & Associates A Unique Approach to Family Law 412-453-4442 877-345-0210 www.Iwanyshyn.com]
DEBRAH IWANYSHYN: Hi, I'm Attorney Debrah Iwanyshyn. I've been practicing family law since 1985. If you're getting married, not matter what age, it's wise to have a prenup.
Entering into a prenup is like entering into a partnership agreement. In business you don't anticipate that your partnership is ever going to terminate, but you enter into an agreement that defines what happens when one person wants to get out. That's what a prenup is, it's just anticipating the unknown.
There are certain factors that can't be determined by a prenup. You can never negotiate who will have custody or how custody of your children will be shared because their best interests comes first.
[GRAPHIC: Court of Common Pleas Family Division Adult Section 440]
DEBRAH IWANYSHYN: And a court will decide that at the time of divorce. You also cannot negotiate what child support would be. Again, because the court's view that as being the child's. However, you can make a determination as to who's going to stay in the house if somebody decides to quit their job and raise the children.
[GRAPHIC: Building]
DEBRAH IWANYSHYN: Who will live in the house while the children are minors, will there be alimony, if so, how much. You can also make decisions, for instance, about things like if you plan on inheriting money and you're married and you keep your inheritance separate.
[GRAPHIC: Building]
DEBRAH IWANYSHYN: That is not marital. That doesn't get split, but any appreciation gets split. You can put in a premarital agreement that you're not going to split the appreciation, that it's going to be yours. Premarital agreement can be as detailed or as simplified, but what it does is simplify what happens if you decide to terminate the marriage.
If you're a couple that's contemplating marriage, whether it's your first or your fifth, I would be happy to meet with you to talk to both parties about the benefits of a prenuptial agreement.
[GRAPHIC: Iwanyshyn & Associates A Unique Approach to Family Law 412-453-4442 877-345-0210 http://www.iwanyshyn.com/]









