Generally, it is not possible to directly modify a prenuptial agreement, or PNA, during a divorce. However, it may be possible to change certain agreed-upon instruments with the aid of a legal document called a postnuptial agreement. By securing the representation of a Pennsylvania attorney who has knowledge of family law, a person may gain a better chance of resolving problems stemming from onerous or unfair PNAs.
Although the prenuptial agreement is often considered immutable and sacrosanct by many laypeople, the truth is far more nuanced. In reality, many people have been surprised to find how unenforceable their PNAs ultimately proved to be. It is common for events to evolve far differently than expected when drafting a contract like this.
During the drafting of a PNA, both parties are supposed to disclose their financial details with thoroughness and accuracy. By the same token, the postnuptial agreement must be drafted in an atmosphere of scrupulous honesty and willingness to disclose. If one party does not disclose their personal information in good faith, this can prove problematic in the courtroom. Judges may well disfavor parties who seem to be complying reluctantly or incompletely.
It is impossible to prearrange desired custody arrangements for children in a PNA. Because society must put the best interests of children first in any divorce proceeding, the divorce court will typically decide each custody question based on current needs. Because family law is fairly complex, people involved in divorces can feel overwhelmed by the complexity of navigating the law. Even one missed deadline could result in serious consequences during a family court proceeding. Partnering with an experienced attorney might prove essential for keeping deadlines and meeting the judge’s requirements. An attorney may help their client experience greater focus and resolution during a separation time that almost always causes emotional turmoil.