Bucks County Family Law

Prenuptial Agreements

Prenuptial Agreements

When a couple decides to marry, divorce is the last thing on their mind. They’re in love and plan on spending the rest of their lives together. As wonderful as marriage is, both individuals are taking unnecessary risks by not entering into a prenuptial agreement.

Prenuptial agreements are a way for couples to hedge against any complications that can occur in a divorce. Agreeing to divorce matters beforehand can save couples a substantial amount of time, money, and heartache. These agreements can protect your business, your assets, and even your house.

As an attorney specialized in Pennsylvania family law, Lauren D’Alessandro understands the various aspects of prenuptial agreements and the skills necessary to represent a party when the time comes to negotiating the clauses in the agreement. Lauren has negotiated numerous family law orders and will use that experience to assist you. Contact her to schedule an appointment and take the first step towards obtaining peace of mind that will help you move forward with your relationship.

What is a Prenuptial Agreement?

Prenuptial agreements are agreements couples enter into prior to getting married. They are not required for marriage, but these agreements can be enormously beneficial for couples. In Pennsylvania, these agreements are considered contracts and are governed by general contract law. Upon divorce, courts will utilize contract law and enforce the agreement as long as the agreement was properly executed. An agreement can contain a plethora of provisions that vary from family to family.

Provisions in a Prenuptial Agreement

In Pennsylvania, prenuptial agreements may contain a variety of provisions. They can include matters such as spousal support, alimony, division of assets, counsel fees, and a plethora of other topics. If you own a house, for example, you can include clauses that state upon divorce the house and any increase in value of the house are not to be included during equitable distribution. Some more examples include limiting spousal support, limiting alimony, requiring the other to provide for children from another marriage, and protecting your business from equitable distribution proceedings.

There are certain provisions that prenuptial agreements cannot contain, however. These provisions include the religious upbringing of a children, child support, and child custody. If a premarital agreement contains any of these clauses, a court will not uphold those provisions.

Requirements for a Prenuptial Agreement in Pennsylvania

While Pennsylvania allows for couples to agree to a wide variety of clauses, there are certain requirements that must be followed for a prenuptial agreement to be enforceable. The requirements are the following:

  1. The agreement is in writing
  2. The agreement is signed by both parties and notarized
  3. Both parties must execute the agreement voluntarily
  4. Both parties must, before execution of the agreement:
    1. be provided a fair and reasonable disclosure of the property or financial obligations of the other party; or
    2. voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided
  5. Both parties must have an adequate knowledge of the property or financial obligations of the other party

These requirements ensure that both parties enter into the agreement free of coercion, duress, and deception. Despite how sensible these requirements are, parties may unknowingly not disclose assets and liabilities properly resulting in a court to void the agreement. An attorney can help ensure that the required disclosures occur.

Hiring an Attorney Matters

Regardless of the area of family law you are litigating, hiring an attorney experienced and specialized in family law is crucial. Attorney Lauren D’Alessandro represents clients in Bucks County, Montgomery County, and Philadelphia County, Pennsylvania. Her office is located in Newtown and she invites you to contact her to schedule a consultation. You can contact her here. She looks forward to hearing from you!

Lauren D’Alessandro

Lauren Anthony D'Alessandro's Profile Image
Lauren is located in Newtown, Pennsylvania and provides legal services for Bucks County, Philadelphia County, and Montgomery County. She specializes in family law and provides services for a whole range of family law matters. Whether you are seeking…

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