Prenuptial agreements have earned quite a reputation over the years, and while many people may think of them as less than desirable, this is a shortsighted view. A prenuptial agreement is nothing more than a contract that determines how specific financial matters will be addressed if the marriage ends in divorce.
If you have questions or concerns about signing a prenuptial agreement or want to learn more about what a prenup could mean for you, reach out for the skilled legal guidance of an experienced Harrisburg prenuptial agreement attorney at McDonald Myers Law today.
A Prenuptial Agreement Is Not an Omen
A prenuptial agreement is not a sign that either of you is not invested in your marriage or that your marriage is more likely to fail. In fact, there is no correlation between prenups and divorce. Many couples who have prenups in place report that they answer certain questions before they’re asked. This allows these couples to focus on building strong relationships rather than dwelling on what-ifs.
Prenuptial Agreements in Harrisburg
Prenuptial agreements are created prior to marriage, and they go into effect upon marriage. If a couple does not go through with their marriage, their prenuptial contract has no legal bearing.
For a prenuptial agreement to be legally binding in Pennsylvania, all the following must apply:
- It must be in writing, must be signed by both parties, and must be notarized.
- The contract must have been signed freely by both parties, which means neither was coerced, tricked, or otherwise pressured into signing.
- Fraud cannot be involved.
- Each spouse must have provided the other with a full and fair accounting of their assets, income, and debts. Any failure to do so can lead to the prenup’s invalidation.
- The terms included in the prenuptial agreement cannot be unconscionable, which means they can’t put an unreasonable burden on either spouse or leave either financially destitute.
Finally, your prenuptial agreement cannot include any terms that are unlawful. While you can address the equitable division of marital property and spousal support, child custody arrangements, and child support are off the table. Terms that involve your children must be resolved in accordance with their best interests at the time they arise.
How to Strengthen Your Prenup
There are steps you can take to help ensure that your prenuptial agreement will ultimately prove legally binding in the event your marriage ends in divorce. These include negotiating sooner rather than later, which distances your contract from any signs of undue pressure. Additionally, you should each attach your detailed financial disclosures to the agreement in a display of full disclosure. Finally, you’re each well advised to have your own dedicated prenuptial agreement lawyer.
Turn to an Experienced Harrisburg Prenuptial Lawyer for the Help You Need
Allissa McDonald Myers is a seasoned Harrisburg prenuptial attorney at McDonald Myers Law who dedicates her impressive practice to helping clients like you protect their financial rights with well-considered prenuptial agreements. Learn more about what we can do to help by contacting us online or calling us at 717-799-8546 today.
