Central Pennsylvania Family Law Attorneys
Prenuptial (also called premarital) and post-marital agreements are treated by the court in the same manner as any ordinary contract, governed by contract law, and subject to the principles of contract law.
The prenuptial or post-marital agreement must comport with the rules governing the formation of all contracts, including the necessity of consideration, the signature of the parties, identification of the parties, terms (full and fair disclosure is essential), and the absence of fraud, duress, or incompetency.
The fact that one failed to read the agreement or failed to have legal counsel approve the agreement is not grounds for voiding the agreement. Further, the claim of duress because of an impending marriage is insufficient to void a premarital agreement.
- For further discussion of post-nuptial (post-marital) agreements, see our page on Legal Separation Agreements.
The key factor in any postnuptial or prenuptial agreement is complete disclosure of all assets and debts. In the event that your assets include a business, it becomes all the more important that you consider a method of accounting which facilitates the transition of the business in the event of a divorce. If you are thinking about executing a prenuptial agreement, both parties will need to consult with a knowledgeable attorney.
At Shaffer & Engle Law Offices, LLC, our family law attorneys represent couples and individuals throughout Central Pennsylvania in drafting prenuptial and postnuptial agreements. We also review these agreements at the time of separation or divorce. Contact our Millersburg or Harrisburg law office to discuss your legal questions and concerns with a highly regarded family law attorney.
Our lawyers have over 65 years of combined legal practice experience, and understand all of the important elements to include in the prenuptial agreement to avoid later legal battles.
A prenuptial agreement can protect both the drafter of the document, as well as their heirs. This becomes especially important in situations involving blended families. Thus, when couples with children from previous relationships decide to wed, it is imperative to address business and financial issues beforehand.
Married individuals who have not entered into a prenuptial agreement can still execute a postnuptial agreement, which covers the same areas as a prenuptial agreement. Our firm also assists clients in drafting legal separation agreements when a couple is contemplating divorce or decides to live separate and apart. Both parties need to have an accurate picture of all assets in their possession at the time of separation. We will perform a thorough analysis of all assets and debts, including any businesses owned by either or both parties. We will also review all debts to ensure that they are properly divided and allocated.
Our firm is committed to providing high quality legal support and guidance to each of our clients. We will work with you and your future spouse to draft an agreement that is specifically tailored to your unique situation. Contact us to speak with a skilled, experienced attorney. Call toll-free: 866-765-0706.