Learn More About Prenuptial/Postnuptial Agreements
While most people do not enter into marriage with the thought or intention that the marriage will end in divorce, in some cases, the parties want to ensure that there is some protection should that occur. Prenuptial agreements are contracts between the parties that define their respective rights should the marriage not last forever. They are created before the date of marriage. Postnuptial agreements are also contracts between the parties that define their respective rights should the marriage not last forever, however, they are created after the date of marriage, rather than before.
- Prenuptial agreements: Prenuptial agreements are voluntary contracts between the parties, which are created before the date of marriage. The objective of the prenuptial agreement is to define each party’s legal and financial rights in case the marriage does not last. Prenuptial agreements are legally binding contracts and should not be entered into lightly. You will need an attorney who understands what specific items need to be included in the prenuptial agreement to ensure its enforceability and to make sure you and your assets will be protected in the event that the terms of the prenuptial agreement are enforced. Under very limited circumstances, a party may petition the court to try to set aside the prenuptial agreement. If this petition is successful, the parties would then proceed with the equitable distribution of marital property and support provisions of the Pennsylvania Divorce Code. If the petition is not successful, the terms of the prenuptial agreement will prevail.
- Postnuptial agreements: Postnuptial agreements are similar to prenuptial agreements except that instead of entering into the contract before the date of marriage, the postnuptial agreement is created at some point after the date of marriage.
Our family law attorneys understand the ins and outs of prenuptial agreements and postnuptial agreements, and can provide representation to ensure that your rights and property are protected or to help you defend against an inequitable agreement. Our lawyers represent clients in Harrisburg, Camp Hill and other communities throughout Central Pennsylvania.