(724)-887-4544
The Scottdale prenuptial and postnuptial lawyers of Henderson Law Offices
are experienced in representing the legal needs of our clients in Westmoreland and Fayette Counties.
A prenuptial agreement or prenup is a contract between two individuals before they are married.
A postnuptial agreement or postnup is a contract between two individuals after they are married.
These contracts address the property rights of the former spouses after divorce or death and can include waivers of some or all economic benefits under the Pennsylvania Divorce Code, particularly rights to equitable distribution, spousal support, alimony pendente lite, and counsel fees.
In Pennsylvania prenuptial and postnuptial contracts are presumed valid and enforceable. A party challenging the validity of such an agreement must prove by clear and convincing evidence that:
- the party did not execute the agreement voluntarily; or
- the party, before execution of the agreement:
- was not provided a fair and reasonable disclosure of the property or financial obligations of the other party
- did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided; and
- did not have an adequate knowledge of the property or financial obligations of the other party. Source: 23 Pa. Cons. Stat. § 3106
Some instances where individuals may wish seek advice on such agreements are:
- the parties wish to determine how their property will be divided instead of a court and they substantially agree to the terms;
- one of the parties is substantially wealthier than the other;
- If one or both of the parties own a business or they are involved in a family business; or
- One or both of the parties have a child or children from a prior marriage or relationship and wish to pass specific property to such children upon their death.
Henderson Law Offices have drafted and are knowledgeable in drafting such agreements
Please contact Henderson Law Offices at 724-887-4544. You can also contact us online to set up your free initial consultation with our lawyer in our Scottdale office.