Prenuptial Agreements in PA

Prenuptial Agreements

Helping Clients in Reading Create Prenuptial Agreements 

Creating a prenuptial agreement does not mean you lack faith in the future of your marriage. It simply provides a sense of security, clarity, and structure for both parties in case a divorce were to occur in the future. No matter what happens, each spouse can rest easy knowing what matters most to them as individuals and as a couple will remain protected. Continue reading to learn more about prenuptial agreements and how they can help strengthen your marriage and relationship as a whole.

What Does a Prenuptial Agreement Cover?

A prenuptial agreement is a binding contract between two people entered into before marriage that governs how you will manage your separate and marital property during your relationship, along with how those assets would be divided if a divorce were to occur in the future.

Below is a list of the issues that your prenuptial agreement can cover:

  • The rights of each spouse to separate or marital property
  • How debts and assets will be divided if one of the spouses dies or if the couple gets divorced
  • The rights of each spouse to inheritances or gifts
  • The rights of each spouse to spend, buy or sell assets during the marriage
  • The entitlement of each spouse to alimony or spousal support
  • The management of a family business
  • The entitlement of each spouse to death benefits from an insurance policy

One of the biggest benefits of a prenuptial agreement is the vast range of issues and flexibility the document provides to couples when developing their marital plan; however, there are some matters this essential legal document cannot address.

Here are some of the issues a prenuptial agreement cannot resolve:

  • Child-related matters, such as custody and support
  • Intimate relations between you and your spouse
  • Illegal actions or terms that promote divorce

Upholding a Prenuptial Agreement

Unlike most states in the country, which adopted the Uniform Prenuptial Agreement Act (UPAA), some states like Pennsylvania have statutory law that regulates prenuptial agreements.

The mass majority of State courts will typically uphold a prenuptial agreement and the terms and conditions therein unless there is evidence that shows:

  • The agreement was not signed voluntarily by both spouses
  • The agreement was unfair because one spouse did not fully disclose all debts and assets
  • One spouse did not expressly waive the right to disclosure of the other’s finances
  • The defrauded spouse did not have sufficient knowledge of the other’s finances

Create a Prenuptial Agreement in PA Today

If you plan to get married, reach out to the family law team at the Law Office of Nikolas D. Capitano, The Leges Group LLC, for the skilled legal guidance you need to create an effective prenuptial agreement. Our team has the insight and experience necessary to advise you on what you should include in this important legal document to spend less time worrying about your assets and more time on your marriage.

Do you need help creating a prenuptial agreement? Call the Law Office of Nikolas D. Capitano, The Leges Group today at (610) 200-6665 or contact us online to set up a consultation with one of our attorneys to get started on creating your prenuptial agreement in PA!