Love Is in the Air...or Is It?

Love and companionship do not require a certain date to be cherished and celebrated. Yet, this day does come up in the calendar, and every year, this occasion takes the flower and chocolate businesses through the roof. Valentine’s day is when gift shops are the busiest place, and fancy restaurants are reserved to the brim.

February is the month when lovers come together and make promises of forever. But to the surprise of many, it is the month when most married couples renounce their ‘I do’s. Divorce filing goes up nearly 18 percent above the monthly average during February and the referrals sought for divorce lawyers go as high as 38 percent more than average after Valentine’s.

The 15th of February is the date when this divorce filing season unofficially kicks off. While many must find this counterintuitive at first, this data has substantial reasoning. Couples filing for divorce during this period have usually contemplated it for a long-time and simply delayed until they get through Christmas holiday season and New year. For many married couples their financial situation may also tip the scale as bankruptcy filing takes place heavily in January.

The truth is that for couples going through trouble and hardships, Valentine’s becomes a wake up call. A day of flowers, chocolates, and gifts cannot make up for all that has not worked the entire year. It takes much more than that to keep love alive, to grow a relationship and foster true companionship.

Protect Your Assets Before You Marry

Prenuptial Agreements in Pennsylvania

By Kara W. Haggerty

A prenuptial agreement, sometimes called a “premarital contract” or “prenup,” is a contract made between two individuals in anticipation of marriage. While traditionally used to protect a wealthy would-be spouse, the divorce rates in recent years have led to couples with more modest means to seek the protections of a prenup.

A premarital contract may resolve expenses during marriage, alimony upon divorce and the division of property, assets and debts upon death or divorce. Prenuptial agreements usually address the same issues that would be contained in a divorce order. However, couples can tailor prenuptial agreements to meet their own individual needs. A premarital contract may address one or more of the following subjects:

each spouse’s right to property owned by either spouse
the division of assets and debts if the couple divorces or either spouse dies
either spouse’s entitlement to spousal support or alimony
each spouse’s right to buy, use, spend or sell assets during the marriage
each spouse’s right to the gifts or inheritances of the other
management of a family business
each spouse’s entitlement to death benefits from the other’s insurance policy, and
any other matter agreed upon by the couple.

Marital property generally includes assets acquired during the marriage and appreciation or income derived from those assets and from separate property. The way an asset is titled does not necessarily determine whether it is marital property or separate property for divorce purposes (note that the rule is different for death purposes). Thus, even if a residence is purchased in the name of one spouse, if it was purchased during the marriage, it will be considered marital property to the extent that it was purchased with funds arising from marital property. Although only marital property is subject to equitable distribution and separate property is not, as noted above, any increase in value of the separate property during the marriage is considered a marital asset. Also, to the extent that separate property is commingled with marital property or used to purchase a joint asset, it may inadvertently be converted into marital property. By entering into a prenuptial agreement, spouses can clearly set forth what property they agree will remain separate from spousal claims.

General contract rules apply to prenuptial agreements, including the requirement than an agreement be written and signed by the future spouses. In Pennsylvania, prenuptial agreements are binding and enforceable if certain requirements are met. The parties must make a full and fair disclosure of their financial worth and the agreement must be free of fraud and duress (notably, for this purpose, threatening to call off the wedding is not considered duress). Other than that, in Pennsylvania, there is no requirement that the agreement be "fair" to either or both of the parties. This leaves the parties free to enter into any type of agreement that they wish as long as they have the proper disclosures and there is no fraud or duress. As a precaution, it is generally advisable to have each party seek advice from separate legal counsel prior to the execution of the agreement.

Generally, a prenuptial agreement will be upheld unless clear and convincing evidence shows that either one spouse did not sign the agreement voluntarily or the agreement was unconscionable (severely unfair). An agreement could be deemed to be severely unfair because, before the agreement was signed, one spouse did not provide a full and reasonable disclosure of his or her assets and debts, the defrauded spouse did not expressly waive in writing his or her right to disclosure of the other spouse’s finances, or, the defrauded spouse did not have adequate knowledge of the other spouse’s finances.

Having the discussion with your future spouse about the necessity of a prenup may be one of the more difficult steps leading up to your marriage. It is important to approach the subject honestly and with sufficient time to explore the decision of securing a prenuptial agreement. A well-drafted prenup may provide the security you seek in entering into a lifelong marriage.

Contact Kara W. Haggerty at khaggerty@pjrlaw.com or 717-591-1755 for further guidance.

We are seeking guest writers...

We are seeking guest writers to contribute to our email newsletter which reaches more than 2000 people per month. If you would like to consider a joint article (for example: How COVID has impacted on the wedding industry and the legal recourse you might have), we would be glad to work on something with you. For more information, please contact Ashley Malcolm via email amalcolm@pjrlaw.com or call 717-610-1639.

Juggling Between Career and Relationship

Ideally, there should never be a situation to juggle between work and love. For a harmonious relationship, there should be a balance between the two. Yet, only a few unique couples can have this balance from the get-go, and it is always a work in progress for others. To make sure that this progress keeps pace with your relationship, try incorporating these habits into your life.

Learn to prioritize - This works in all aspects of life and does wonder when trying to balance your work and relationship. Always being aware of what needs to be done at the moment, whether at work or home, will bring clarity in areas of your romantic relationship.

Become better at communicating - This cannot be stressed enough. No amount of fancy gifts or even good intentions can make up for a gap in communication between two partners. Telling the right things at the right time will always contribute massively to strengthening a relationship. Not all conversations will be easy and soothing but have them nevertheless. Expressing your feelings and opinions, in all honesty, will always bring clarity to both partners and make important decisions based on them.

Being each other’s cheerleader - Nothing will bring more happiness to your partner than you being there to celebrate their achievements and growth. Being present to listen to their hardships, struggles, and small victories will bring a huge positive change in the relationship dynamics and set the stone for a harmonious future.

Make the most of your time together - If you and your partner are in a phase of life where work takes a significant part of your time, you have to make it a priority to spend quality time together. You don’t have to be one of those partners that fail to bond while spending time together or even the one that lets lack of time rift you apart.

Love despite success or failure - Being supportive in hardships and celebrating when there is a moment is natural for any healthy couple. But for a romance to have strong roots, it is important not to let either failure or success affect your love for each other. True love always stands the test of time.

Go with the flow - Now, don’t think of it as an excuse to not make any efforts in the relationship. Being with the flow is more to do with respecting the flow of time. As you grow old, the dynamics and needs of your relationship are bound to change. Irrespective of how big or small these changes are, you must learn to navigate your life around it with your partner.

Do It For Your Heart

There are fewer things in the world that make us happy and are good for our health. The scrumptious food that we love or those fun recreational activities are more often than not bad for our heart health. To live a better life, listening to your heart and being aware of its well-being (literally and figuratively) is important. A few common indications can point towards impending or ongoing heart health issues, and acting upon them can save you from bigger health risks in the future.

Fatigue and shortness of breath - If you get tired very easily or fall short of breath even with low-intensity physical work such as walking, then you must get your necessary heart tests done. These indicators point towards cholesterol and other coronary diseases.

Pain without injury - This unexplainable pain in any body part can signify heart health issues. It is wise to consult a doctor straight away.

Palpitations - If you are not big on caffeine consumption and still get palpitations while resting, you must seek professional medical advice at the earliest.

You can easily keep heart diseases at bay by making basic lifestyle changes. One of these changes involves doing 150 minutes of cardiovascular exercise like running, cycling, hiking, etc., per week. Making necessary dietary changes will work great in keeping your circulatory system in robust condition.