This document contains a list of clauses used in premarital agreements, followed by the full clauses used in the agreements. The 38-page document also contains general comments on negotiating, drafting, and execution of premarital agreements.
Pennsylvania Prenuptial Agreements - General Comments on the Negotiating, Drafting and Execution of Prenuptial Agreements
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FAQ
Legal requirements of a prenuptial agreement in Pennsylvania Be written The document must be signed by both parties and notarized.
Are Prenups Enforceable? Prenuptial agreements, if drawn up and executed correctly, are legally binding and are usually upheld in court. One recent, high-profile case, however, has shown that prenups are not always ironclad.
In Pennsylvania, premarital agreements are presumed to be valid unless one of the parties is able to prove that there was a lack of full and fair disclosure.
Generally speaking, both fiance's should hire attorneys to negotiate and draft a prenup on their own behalf, because the agreement may not be enforceable without involvement of separate legal counsel. Most lawyers representing parties in prenuptial negotiations act as if it the entire transaction is purely business.
Instead, Pennsylvania statutory law and court decisions detail the rules and regulations for prenuptial agreements. Generally, the court will uphold a prenuptial agreement, unless there is clear and convincing evidence showing that: one spouse did not sign the agreement voluntarily.
In Pennsylvania, prenuptial agreements are binding and enforceable if certain requirements are met. The parties must make a full and fair disclosure of their financial worth and the agreement must be free of fraud and duress (notably, for this purpose, threatening to call off the wedding is not considered duress).
The three most common grounds for nullifying a prenup are unconscionability, failure to disclose, or duress and coercion. Unconscionability may be present if the agreement is patently unfair to one party.
Issues that are typically dealt with in a prenuptial agreement include spousal support in the event of separation or divorce, including whether the couple will waive spousal support, arrangements regarding care and support of children that either party may have from a prior relationship and how those support payments
The Agreement was Coerced or Signed Without Mental Capacity For a prenuptial agreement to be considered legally valid, it must be signed by both parties voluntarily , and both parties must be of a mental ability to understand the consequences of what they are signing.
