Legal and Illegal Prenuptial Agreements

Creating a prenuptial agreement before a marriage is an excellent idea. It protects your interests in the event that you and your spouse divorce down the line. It also prompts you and your spouse to communicate about important issues like finances, property, and shared bank accounts. 

But you must understand the difference between a legal and illegal prenup to ensure that yours holds up in court. Know what you can and cannot include in a prenuptial agreement under Pennsylvania law and how to validate one. 

What Items Can a Prenup Include?

One way to ensure a legal and valid prenuptial agreement is to address only the specific items that can be covered in these agreements. Typically, you can include provisions about all of the following in a prenup: 

  • Asset division: Distinctions about marital vs. separate property in a divorce, including what happens to shared property, what property will stay separate, etc. 
  • Spousal support: Whether one spouse will owe the other spousal support, waiving future requests for spousal support, the minimum or maximum amount owed, etc. 
  • Providing for children from previous relationships: If one spouse has a child from a previous relationship, the prenup can include provisions for how both partners will financially provide for them and what assets (if any) the child would receive in a divorce. 

Meanwhile, a prenuptial agreement generally cannot protect any of the following: 

  • Child custody and support: Your prenuptial agreement cannot include terms regarding child support or custody. The court will decide these matters in the final judgment based on the child’s interests, not the parents’. 
  • Financial incentives for divorce: The prenup cannot encourage divorce in any way, such as providing a financial incentive for filing for divorce
  • Day-to-day household matters: This agreement shouldn’t cover any day-to-day household matters like who will complete certain chores, how you will raise children, what religious beliefs you will adhere to, etc. 
  • Anything inherently unfair: Prenups should spell out terms that are fair and just for both spouses and should not explicitly favor either spouse. Attempting to enact unfair terms could lead to a contempt of court charge in a divorce. 

How Do You Validate a Prenuptial Agreement? 

Take these steps to ensure that your prenuptial agreement is valid: 

  • Put the agreement in writing. Oral prenuptial agreements are never valid. 
  • Ensure full disclosure: You and your spouse must fully disclose your finances to ensure the prenup will hold up in court. 
  • Have an attorney draft it. Don’t create a prenuptial agreement without the help of an attorney. Better yet, you and your spouse should enlist separate attorneys to support your interests. 
  • Notarize the agreement. Have a notary sign and validate the prenup and give you a certified copy. 

Karen Ann Ulmer, P.C., Offers Support With Prenuptial Agreements 

Do you need help distinguishing between a legal and illegal prenup and ensuring the validity of your agreement? Karen Ann Ulmer, P.C., can help you draft a prenuptial agreement that will hold up to court orders, enforcement actions, and legal scrutiny. Contact us today at (866) 349-4117 for a consultation. 

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Follow Your Divorce Decree to the Letter

Your divorce decree exists for a reason. It provides tangible evidence of the terms your spouse agreed to in the divorce. 

You may be tempted to give your spouse wiggle room when it comes to alimony payments, child support, or asset distribution. However, straying from the divorce decree may only hurt your financial outcomes and encourage more shady behavior from your spouse moving forward. 

Is a Divorce Decree Legally Binding? 

Your divorce decree is the legal document that marks the end of your marriage. It also spells out important details about child custody, spousal support, asset division, and visitation guidelines. 

Divorce decrees aren’t mere suggestions for how to behave after a divorce; they are legally binding. Your ex-spouse is required to follow these rules to a T. If you start giving them leeway now, they will only continue taking advantage of you. Worse, the court will assume that you were okay with their behavior, harming your ability to file a motion for contempt of court in the future.  

Once your divorce is finalized, go to the family court clerk’s office and request a certified copy of your divorce decree. Keep it on hand and ensure your spouse’s adherence to every term. 

Enforce the Elements of Your Divorce Decree Precisely

Ensure that your ex-spouse follows all of these aspects of your final judgment closely:

  • Sends alimony and/or child support payments on time according to the timeline in the decree
  • Adheres to all custody times precisely
  • Divides assets in accordance with the decree
  • Sells the house promptly

What If Your Spouse Refuses To Follow This Court Order? 

Your ex-spouse cannot simply refuse to follow the terms of your divorce decree. If they disagree with any of these terms, they will need to request a modification with the court. This is a legal process. 

If you do not agree with their modification request, they will need to present their reasoning in court and allow a judge to decide whether to grant it. Unless your ex-spouse’s requests are reasonable, the judge probably won’t grant their wishes.

Should your ex-spouse violate the divorce decree and not seek a modification, you can file a motion for contempt of court or request an enforcement action. This prompts the court to assess their actions and intervene. If your ex-spouse is found in contempt of court, the court can: 

  • Impose fines
  • Issue a warning
  • Create a new order that makes up for their non-compliance
  • Order your ex-spouse to comply by paying the support they owe, plus attorney’s fees
  • Impose jail time

Your first step should be to have your attorney contact your ex-spouse’s attorney and warn them about your intention to file for contempt of court. 

Contact Karen Ann Ulmer, P.C., for Divorce Assistance 

Do you need help enforcing your divorce decree? Karen Ann Ulmer, P.C., offers compassionate legal support throughout the divorce process. We can help you file a motion for contempt of court or request an enforcement action to prompt your ex-spouse to adhere to your divorce decree. 

Contact us today at (866) 349-4117 for a confidential consultation. 

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Financial Problems in a Divorce – Financial Abuse

One of the more challenging steps in the divorce process is separating your finances from your spouse’s. Nearly every divorcing couple in Bucks County experiences some tension around the division of assets. However, some individuals exhibit abusive behaviors that make this process more arduous. 

Knowing what constitutes financial abuse can help you recognize and address these financial problems in a divorce. You have the right to equitable distribution of property. If your spouse has begun stealing money from your accounts or otherwise tampering with your finances, contact an experienced divorce attorney for help. 

Examples of Financial Abuse in a Divorce

Financial abuse can take many forms in a divorce process. Watch out for any of these shady tactics from your spouse: 

  • Hidden assets: Your spouse may have started transferring money to a private account to exclude it from the property division process, essentially stealing it from your shared account.
  • Running up legal bills: They may use your shared bank account to run up legal bills or even call your attorney incessantly to increase your legal costs.
  • Using a higher income as leverage: If your spouse makes more money than you, they may try to hold that over you to gain leverage in the divorce.
  • Racking up debt: The debt allocation process usually requires divorcing couples to split debt equitably. Your spouse may rack up more debt before the divorce to increase your financial burden. 
  • Wrecking your credit: Any irresponsible behaviors on your spouse’s part could harm your credit, making it more challenging for you to secure loans or other financial opportunities in the future.

How To Navigate Financial Problems in a Divorce

You don’t have to stand by and watch your spouse use abusive tactics to control your finances. You can navigate financial problems in a divorce with these tips:

  • Retain your own attorney: Never share a divorce attorney with your spouse. Retain an attorney who can support your interests and help you achieve a fair outcome. 
  • Limit bank account access: If your spouse currently has access to your private accounts, contact your bank immediately to start the process of removing their access. 
  • Keep records of your spouse’s behavior: If your spouse has been withdrawing money from your accounts, take screenshots of their activity and keep them on file. The more evidence you have of their actions, the more leverage you’ll gain in your divorce proceedings. 
  • Document your finances: Gather documentation for all of your bank accounts, deeds, life insurance policies, and car titles to show in court.  
  • Enlist the help of a forensic accountant: Forensic accounting can uncover your spouse’s abusive financial activity. 

Let Karen Ann Ulmer, P.C., Help You Protect Your Finances in a Divorce

Is your spouse using shady tactics to gain economic control in your divorce? At Karen Ann Ulmer, P.C., we help clients protect their rights in the PA divorce process. We make it easier to navigate the division of assets, spousal maintenance, and other financial problems in a divorce while promoting an equitable outcome and prioritizing your interests. 

Contact us today at (866) 349-4117 for a general consultation. 

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PA Divorce – Forced To Pay for College?

Divorcing your spouse raises many questions about how you will handle future tasks involved in raising your child. One important question you need to consider now is: “How will we handle paying for our child’s college education?”

Some states have laws requiring parents to contribute to payments for higher education. Learn how these laws affect your PA divorce and other considerations you should discuss now. 

Does Pennsylvania Require Divorcing Parents To Pay for Their Child’s College?

Twenty-four states across the U.S. — including New Jersey and New York — have laws about parents financially contributing to a child’s higher education, but Pennsylvania is not one of them. This means that in a divorce, neither parent will have a legal obligation to pay for or contribute to a child’s college education. Instead, you’ll look to your divorce agreement to determine how to approach this matter. 

You and your soon-to-be-ex-spouse have the right to determine how you will split future financial endeavors involving your shared children. If you cannot agree on these issues, a judge may help you decide when creating your parenting plan. It’s always better to work out an agreement on your own or with an attorney instead of letting a judge decide for you. 

Creating a Parenting Plan That Includes College Tuition 

When you work with an experienced Pennsylvania divorce attorney, they can help you create a reasonable parenting plan that covers how you and your spouse will handle financial contributions for college. This agreement must hold up long into the future, which can be challenging. You’ll need to be as specific as possible to avoid confusion and disagreements down the line.

Be sure to discuss all of the following when creating your parenting plan: 

  • Type of school (private or state)
  • Textbooks, room and board, and other expenses
  • University vs. trade school

What If You Don’t Discuss College in the Parenting Plan? 

If your child is only a few years old at the time of your PA divorce, their college education may be the furthest thought from your mind. So, what happens if you fail to address this matter in your parenting plan? 

You and your child’s other parent can attempt to reach an agreement privately about how you will split college expenses, but this may not be wise. It’s better to create a written agreement and sign it in the presence of a notary. 

You can modify your parenting plan by filing a motion with the court. The court can intervene if both parents do not consent to the modification.

Remember that child support obligations only extend until a child turns 18 in Pennsylvania. You may decide to purposefully leave college out of your parenting plan and agree that your child will pay for their own college. Whatever you do, discuss it now to avoid headaches later on. 

Seek Assistance With PA Divorce Agreements From Karen Ann Ulmer, P.C. 

Do you need help drafting a divorce agreement, understanding equitable distribution in a divorce, or determining the custodial parent? Karen Ann Ulmer, P.C., offers compassionate legal support through your entire divorce. Call (866) 349-4117 for a confidential consultation.

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