PHILADELPHIA FAMILY LAW AGREEMENTS

Agreements can be reached in all aspects of family law, from custody, support and division of assets, to prenuptial*, postnuptial** and marital settlement agreements***, cohabitation agreements, assisted reproductive technologies (ART) agreements (e.g., sperm donor, surrogacy) and adoption agreements. The benefit of reaching an agreement with the other party is that it can be constructed in a way that is precisely tailored to your individual circumstances since courts are unlikely to provide the same level of nuance and detail in an order.

In General, Reaching an Agreement Is Better Than Leaving the Determination to a Judge Who Does Not Know You or Your Family.

Our attorneys also routinely review agreements prepared by the parties or other attorneys to make sure they protect our clients’ interests. No one should ever sign a family law agreement without consulting an attorney. While some signed agreements are finalized without the need to start any formal legal action, others (divorce, adoption, name change) require that signed agreements be filed and entered as an order by the court. Either way, the parties, and not a judge, are in control of the decisions reached in their agreement.

*A prenuptial agreement is signed by both parties prior to getting married. A prenup can protect premarital assets such as property or a business and address the division of assets and debts acquired during the marriage in the event of separation, divorce, or the death of one spouse.

**A postnuptial/separation agreement is signed by both parties after they are married when they wish to make decisions about ownership and control of their assets and debts. It may also include provisions for spousal support, custody and child support.

***A marital settlement agreement (MSA) is a specific type of postnuptial agreement signed by both parties when a divorce action has been, or is expected to be, initiated by one spouse. It details the division of assets and debts and may include provisions for alimony, custody and child support. The MSA will be approved by the court and become the terms of the parties’ divorce decree.

BKW Family Law attorneys frequently draft agreements of all types and would be happy to help you “think outside the box” to address the concerns you have and suggest resolutions that meet the needs of you and your family.

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