Pre-Nuptial and Post-Nuptial Agreements
How Our Pittsburgh Divorce Attorneys Can Help
A pre-nuptial agreement, also known as a pre-marital agreement, is a written contract agreed upon and signed by two people 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 their informed consent in relinquishing certain marital rights. 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, and many other reasons.
Our professional relationships with other family law attorneys and our reputation often make the process of negotiating a pre-nuptial agreement more friendly and productive. . 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 the Pittsburgh divorce attorneys from our firm, as soon as you set a wedding date.