If you are getting married or thinking of getting married, congratulations! As family law attorneys, we often see families who are in the midst of conflict, so it brings us great joy to be able to assist engaged couples with their premarital planning.
Ideally, prenuptial agreements should be drafted 3 to 6 months (or more) prior to the wedding date; however, at times we are able to assist clients who are working on a tighter schedule so please don’t hesitate to call us to determine our availability.
Prenuptial Agreements are a tool for premarital planning and estate planning which can help to minimize the risk of conflict in the event a marriage encounters unanticipated conflict. Our prenuptial agreements are highly customized to the particular needs and circumstances of our client. Some issues that we frequently resolve in prenuptial agreements are:
- Defining how assets will be divided in event of a divorce to avoid potential future litigation.
- Protecting certain premarital assets by identifying those assets, along with any growth or income, as non-marital.
- Waiving / eliminating or limiting alimony.
- Protecting family businesses, trusts, and inheritances.
- Setting aside assets or income for the benefit of children from prior marriages.
Having a prenuptial agreement can help both parties to reduce litigation costs and predict the outcome in the event of a divorce; however, it is crucial that a prenuptial agreement be well-drafted to ensure that it will be enforceable if it is ever needed. In Pennsylvania, the validity of a prenuptial agreement weighs heavily on whether all assets and income were disclosed, so it important to work closely with an experienced family law attorney to ensure that full disclosure has been made and documented. We work with our clients closely to identify all assets and income and make full disclosure. We also work with our clients to craft a clear and enforceable prenuptial agreement that best serves the client’s needs.