Prenuptial Agreements in Bucks County
Prior planning lets couples avoid marital stress and future litigation
Prenuptial agreements allow you to maintain control of your assets in the event of divorce. While prenups are criticized for being unromantic, they’ve gained wide acceptance as prudent legal tools that actually benefit a marriage by relieving anxiety about each spouse’s financial security. The Law Offices of Jennifer Courtney & Associates, P.C. provides a full range of services related to prenuptial agreements: we negotiate, review, draft and execute new agreements, and we litigate prenup issues in divorce proceedings for parties who want to enforce or invalidate a prenuptial agreement. Our experience teaches that you don’t have to be rich for a prenuptial agreement to make sense. We can advise you on the appropriate steps to protect your interests, so you can enjoy peace of mind.
Understanding what can be included in a prenuptial agreement
There is a misconception that “prenups” exist only to protect the wealthy from so-called “gold-diggers.” In fact, there are many uses for prenuptial agreements that help everyday people protect themselves. One of the most common things to include in a prenuptial agreement is a business. Without appropriate prior planning, a business owner who divorces could suffer financial ruin. Prenuptial agreements can protect the inheritance of children from previous marriages. They can create a right of restitution for people who intend to pay for their future spouse’s education. Prenups can also insulate one spouse from the other’s debts.
Ensuring that your prenuptial agreement is valid
Pennsylvania has a specific statute that governs premarital agreements, “made in contemplation of marriage and to be effective upon marriage.” Title 23 § 3106 of the Consolidated Statutes lists reasons why a prenup could be invalid:
- Execution was not voluntary — A valid contract must be free from coercion or duress.
- Lack of fair and reasonable financial disclosure — Each party must know what property rights they are potentially giving up when signing the prenup.
To ensure the validity of your agreement, you should negotiate its terms well in advance of the wedding, making sure that each side has their own legal counsel. Evidence that one party drafted the document and foisted it upon the other is sure to undermine its credibility, especially if the agreement tends to favor the party who took charge of its drafting. To get the appropriate protections from your prenuptial agreement, it is essential to hire an experienced Bucks County divorce lawyer to advise you throughout the process.
Trust our experienced family law attorneys to prepare your premarital agreement
A prenuptial agreement is an important legal instrument, but only when it’s properly drafted and executed. At The Law Offices of Jennifer Courtney & Associates, P.C., our divorce litigation experience enables us to advise and assist you in this crucial area of concern. Call us today at 215.493.3360 or contact us online to schedule a consultation.