Pre-Nuptial and Post-Nuptial Agreements
How a Pittsburgh Divorce Attorney Could Help
A pre-nuptial agreement, also known as a pre-marital agreement, is a written
contract agreed upon and signed by a man and woman before they marry.
The contract generally delineates the property rights of each person in
the event of a
divorce or if one of them dies. The agreement must be entered into voluntarily
with full disclosure on both sides. Both parties may both have counsel
or only one party may be represented. The parties can attempt to draft
their own agreement, but this is not advisable because of the many potential
pitfalls and requirements.
A post-nuptial agreement is similar to a pre-nuptial agreement except that
it is entered into after the marriage has taken place. The enforceability
of a Pre-nuptial or Post-nuptial agreement is generally based on the rules
of contract and the disclosure of assets.
What should be in a pre-nuptial or post-nuptial agreement?
Each agreement should be tailored to the specific need and circumstances
of the parties. The agreement should delineate and
divide the marital property and debts, provide for the divorce, provide or exclude alimony and must contain
many other provisions. Each party in the pre-nuptial or post-nuptial agreement
must disclose their assets, income, and debts. This is to ensure that
when they sign such an agreement, they are giving an informed consent
to what they are relinquishing to the marriage. Without full and fair
disclosure, the agreement may not be enforceable under Pennsylvania law.
We prepare and review pre-nuptial agreements for a variety of persons,
affluent and not-so-affluent, to help them to control the possible outcome
of a separation or divorce. Pre-nuptial agreements may be useful to structure
the future consequences, and reduce the stress and expense, of separation
and divorce. The purposes of a pre-nuptial agreement may include provisions
for children of a former marriage, preservation of a family business,
protection of property acquired prior to the marriage, or other purposes.
Our congenial relationships with other
family law attorneys make the process of negotiating a pre-nuptial agreement more
friendly and purposeful. The most common mistake is waiting until the
last minute to propose a pre-nuptial agreement. If you wish to have a
pre-nuptial agreement, you should contact a Pittsburgh divorce attorney
from our firm, as soon as you set a wedding date.