You are likely familiar with prenuptial agreements, or prenups, but perhaps less so with postnuptial agreements. Both are legal contracts that address how divorce terms or inheritance issues will be resolved. The only difference is when they take effect: prenuptial agreements take effect when the couple marries; postnuptial agreements take effect when the spouses sign them during their marriage.
If you have questions or simply want to explore your options regarding a postnuptial agreement, we invite you to reach out to our experienced Harrisburg team at McDonald Myers Law. We are here to listen and guide you every step of the way.
Entering a Postnuptial Agreement in Pennsylvania
While many states have stringent laws governing the validity of specific postnuptial agreements, Pennsylvania takes a less hands-on approach. The requirements for a legally binding postnuptial agreement in Pennsylvania include the following:
- It must be in writing and signed by both spouses.
- Each spouse must have provided a full and fair disclosure of their assets and debts or must have waived this requirement in writing.
- Both spouses must have entered the contract voluntarily without coercion or duress.
The State of Pennsylvania presumes that postnuptial agreements are legally binding, and only if one of the requirements above is not met will a specific postnuptial agreement be invalidated. Further, the burden of proving that a postnuptial agreement is invalid rests solely on the spouse seeking to do so. In other words, it is a bad idea to enter a postnuptial agreement before carefully discussing the matter with a seasoned postnuptial agreement attorney.
Primary Reasons for Entering a Postnuptial Agreement
Every couple that chooses to enter a prenuptial or postnuptial agreement has its own unique reasons for doing so, but often, they are motivated by factors like the following:
- Protecting ownership of a significant asset like a business, family heirloom, or real estate by clearly separating it from marital property
- Clarifying how marital assets will be distributed in the event of divorce or upon either spouse’s death
- Setting alimony terms in advance
- Rebuilding trust, such as in the wake of an infidelity or an instance of financial mismanagement - Protecting the inheritance rights of any children of prior relationships
- Responding to evolving circumstances, such as starting a new business
Divorce terms and specific inheritance rights are frequently included in postnuptial agreements. However, decisions regarding child custody and child support cannot be predetermined—they must be made in accordance with current law and the children’s best interests at the time of divorce.
Discuss Your Situation with an Experienced Harrisburg Postnuptial Agreement Lawyer Today
Allissa McDonald Myers is a trusted Harrisburg postnuptial attorney at McDonald Myers Law who has earned an imposing reputation for protecting our clients’ rights through well-considered, effective postnuptial agreements. For more information about what we can do to help you, please don’t wait to contact us online or call us at 717-799-8546 today.
