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. Julie M. Potts is a veteran trial attorney and family law practitioner in Chester County, PA. Prenuptial agreements law firm chester county museum. Julie is an advocate for her clients and focuses her practice solely to divorce, equitable distribution, alimony, APL/spousal support, child support, custody and parenting time, grandparent and in loco parentis rights, protection from abuse matters, preparation and enforcement of property settlement agreements, prenuptial agreements, postnuptial agreements, adoption and mediation. Reduction of conflicts. Equitable Distribution.
Property Settlement. Divorce Attorney West Chester, PA. The parties can also make sure they are on the same page regarding the future, including having an open and frank discussion about what should happen in the event of a divorce, death, or some other significant event. Additionally, both parties must enter into the prenuptial agreement freely and knowingly, and each party must have an adequate opportunity to consult with and obtain legal counsel. 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. We can also help you understand the specific benefits of an agreement as it pertains to your current or pending marriage.
A prenuptial agreement can also explain how alimony will be calculated in the event of death or divorce. While that property is generally not a marital asset in Pennsylvania, the increase in the value of that property during the marriage is. Maria is who you need! Prior to joining Lamb McErlane, Carla worked at Ernst & Young in the State and Local Tax Group advising clients on tax planning issues related to company reorganizations and restructurings. Pennsylvania treats premarital agreements largely like regular contracts. PUBLICATIONS: - Co-authored the LexisNexis' 2016, 2017, 2018 & 2019 Practice Guide: Pennsylvania Family Law with Mary Cushing Doherty. Defining of what is separate property. EDUCATION: - Loyola College, BBA. Trina M. Testa & Pagnanelli Law is reliable, professional, and a good value law firm! Keywords: Pennsylvania, premarital agreement, prenuptial, antenuptial, property division, divorce, marriage, contract, alimony, disclosure, debt, fraud, duress. Prenuptial, Postnuptial, and Cohabitation Agreements. A Montco Happening 2020 Attorney Nominee. Schwartz, Fox & Saltzman, LLC. Moreover, a prenuptial/premarital agreement can protect a house, business, professional practice, retirement accounts, or inheritance that one party owns before marriage. If you need a family law lawyer look no further!
Full and fair disclosure – Before signing the agreement, a spouse needs to be given a fair and reasonable disclosure of the property or financial obligations of the other party. Twenty-Eight Lamb McErlane Attorneys Recognized as 2022 "Top Lawyers" by Daily Local Readers. P. S. Philadelphia Prenuptial Agreement Attorneys. I never hear divorced men brag about their attorney, I do! Carla also provides legal services for non-traditional families to resolve their domestic issues. Most people begin marriage focused on the relationship and the new family, whether or not children are contemplated, and whether the union starts in young adulthood or in the golden years.
No, the best person. Like the families we serve, matters of family law come in all shapes and sizes—and our Pennsylvania and Delaware Family Law attorneys are equipped to manage and resolve a variety of legal issues. A family business – A spouse who owns a business with other family members will want to protect that business interest for the sake of the family and make sure it is kept separate from being divided in the property distribution in a divorce. Focused Exclusively on Family Law & Criminal Defense. Any new wealth or debt acquired during marriage is still subject to Pennsylvania's equitable distribution law). 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. If you and your loved one want to protect your individual assets in the case of divorce, speak with our family lawyers in Chester County & Delaware County. Pennsylvania law views premarital agreements largely like business contracts between equal parties. A postnuptial agreement can address all of these issues but it is signed during the marriage. Prenuptial agreements law firm chester county public. COMMUNITY SERVICE & AFFILIATIONS: - Pennsylvania Bar Association, Member. Recognized as a Best Lawyers in America 2019- 2022. Health Law Newsletter Fall 2018. Here at Testa & Pagnanelli, LLC, we represent high-asset and independent spouses who want to protect what they have. Our goal is to provide peace of mind even before a couple agrees to tie the knot.
Seventeen Lamb McErlane PC Attorneys Recognized as Best Lawyers in America© & Ones to Watch 2021. For those entering a second marriage, a premarital agreement protects inheritance rights for children of the prior marriage. Spousal Support and Alimony Pendente Lite. Maria is AMAZING!!!!! Prenuptial and postnuptial agreements are contracts that lay out the terms of a divorce in case the marriage ends. 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. Named a: 2021 Main Line Today Top Lawyer. Debts and voluntary settlements. In fact, I was hesitant about replying to her email on Sunday for fear she would read it and respond (I have to protect her from herself). Protect Your Interests Through Premarital Planning. 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. Confidential or time-sensitive information should not be sent through this form.
ADMISSIONS: - Pennsylvania. Philadelphia family lawyer Lauren H. Kane is a skilled, experienced and highly successful family law litigator prepared to represent you in a challenge to the validity or enforceability of a premarital agreement. Testa & Pagnanelli, LLC, represents either party in drafting and review of prenuptial and postnuptial agreements. 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. 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. A spouse builds a business during the marriage. However, it is important to remember that these agreements are in no way a prediction of the future, but rather a safety net to prevent any problems, no matter how unlikely, from occurring in the future. Beware and be aware before signing a Pennsylvania premarital agreement. Serving Bucks, Chester, Delaware, Montgomery & Philadelphia County. Lamb McErlane Partner Carla Marino presents Tax Issues related to Domestic Matters CLE at a Montgomery County Bar Association Seminar. Education & Court Admission. Call us today (610) 365-4733 for a free consultation at our Norristown and Philadelphia offices. Divorce and Separation. It is a smart idea to get a prenuptial agreement if you are entering into a marriage.
If you would like to schedule a consultation, please contact us at one of our offices below or submit the contact request form. Lamb McErlane PC Announces Eight Firm Attorneys Have Been Named Suburban Life Top Attorneys. But the truth is that when a marriage ends, untangling financial affairs and property rights in divorce can be staggeringly difficult, especially at an emotionally charged time. About 10 minutes into the first call I knew I was talking to the right person. Common reasons and uses for premarital agreements include: - A disparity in wealth – Wealthier spouses want to make sure they are not unfairly taken advantage of in a divorce, while less wealthy spouses want to make sure they are taken care of appropriately. 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. In Pennsylvania, the statutes emphasize full disclosure of financial information by both individuals entering into a marriage. If you are contemplating entering into a prenuptial agreement, please contact our office at 513-889-0400. 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.
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