Prenuptial Agreements

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.

If you are considering a prenuptial agreement or have questions about how to protect your interests before marriage, contact us. We will take the time to understand your goals and help you draft an agreement that provides clarity, fairness and peace of mind for the future.

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Prenuptial Agreements FAQ

Please click on any question to view the answer.

If you have additional concerns, please call 484-322-5616 or use the contact form anytime.

What is the process of getting a prenuptial agreement in Pennsylvania?

Once a party has determined that he or she wants a prenuptial agreement, that party will typically reach out to and retain their own attorney to consult with and draft the agreement. The drafting attorney will typically meet with the client to understand what the client hopes to accomplish with the prenuptial agreement, and then will draft it in accordance with the client’s goals. Sometimes a client comes to the first consultation knowing exactly what they want the prenuptial agreement to say, but sometimes the first consultation is used to outline issues and solutions that can be covered in the agreement. The client, in turn, can choose to discuss those issues with the other party independent of the lawyer, and then return to the lawyer to complete the drafting of the prenuptial agreement.

Do I need to disclose all of my assets when I enter into a prenuptial agreement?

Yes. For a prenuptial agreement to be enforceable in Pennsylvania, both parties must provide full and fair disclosure of their assets, liabilities, and incomes. Typically, a comprehensive list of assets and liabilities will be attached as an exhibit to the prenuptial agreement itself, along with recent tax returns. Both parties should have the opportunity to review and analyze the other party’s disclosures, along with all statements and supporting documentation of values.

Do both parties need an attorney for a prenuptial agreement?

One attorney cannot ethically represent both parties to a prenuptial agreement, because the parties to a prenuptial agreement have legally adverse interests. This is true even when the parties are in agreement on what the prenuptial agreement should say, because the parties would ultimately have adverse or potentially adverse interests in the event of a later separation, divorce, or death. That said, both parties are not required to have an attorney, and often one party will retain an attorney to prepare a draft of the prenuptial agreement based on the discussions between that have occurred directly between the parties. In that case, one attorney will draft the prenuptial agreement and send it to the other (unrepresented party), who would negotiate any changes directly with the drafting attorney. However, it is important to understand that the attorney does not represent the unrepresented party, and cannot provide him or her with legal advice. Accordingly, it is wise for each party to a prenuptial agreement to consult with an attorney.

What happens if I get divorced and I don’t have a prenuptial agreement?

The vast majority of divorces in Pennsylvania occur without a prenuptial agreement. In this case, the court will apply Pennsylvania law as it stands at the time of divorce in determining the division of the parties’ assets and other financial claims such as alimony and possession of the marital residence.

What are some common terms to include in a prenuptial agreement?

The bulk of a prenuptial agreement typically addresses the division of assets at divorce. The most common way to achieve this is by preemptively defining certain assets as either “marital” or “separate.” Marital assets would generally be divided in divorce, while separate assets would typically be kept separate, meaning one party does not need to share their “separate” assets. It is up to the parties how marital and/or separate assets are defined and ultimately divided in the case of divorce. For example, one common prenuptial agreement structure is that in the event of divorce, assets get divided according to whose name that asset is in at the time of divorce, with joint assets being equally divided.

A prenuptial agreement may also address the disposition of assets at death (although a prenuptial agreement is not be a substitute for a formal estate plan), alimony, and provisions concerning the marital residence.