West Chester Family Lawyer Negotiates, Challenges and Defends Prenuptial & Postnuptial Agreements
Securing your rights and assets before and after your marriage
Skilled negotiator Kim Morton of Morton Family Law, LLC can negotiate and advocate for you regardless of your purpose for a prenuptial or postnuptial agreement. Her balanced approach facilitates negotiations and gives you a better chance of reaching an agreement that protects your interests or renegotiating terms that no longer work.
Prenuptial and postnuptial agreements, often referred to as prenups and postnups, are essentially contractual agreements between spouses. Prenuptial agreements are formed before the marriage, while postnuptial agreements can be formed at anytime after the marriage. Both agreements stay in effect for the duration of the marriage and can impact spousal support, alimony and equitable distribution, should the couple divorce. While a prenuptial agreement nearly always sets forth certain terms for the marriage, a postnuptial agreement can have several purposes. A postnuptial agreement can settle conflicts that have developed over the course of the marriage with the force of law. It can also be a marital settlement agreement that becomes part of the divorce order at the end of a marriage.
Who should consider a prenuptial agreement?
Many Pennsylvanians think of prenuptial agreements as the exclusive purview of the wealthy. But many people fail to consider that different attitudes toward money can place significant stress on a marriage and sometimes cause the marriage to fracture. For instance, perhaps your spouse no longer desires a new BMW or Acura yearly and now values financial stability above all. Or, one partner could see debt as a means to financial freedom by allowing for business expansion, while the other spouse is afraid of losing the family home due to his or her spouse's personally guaranteed debt. A prenup or postnup could have limited one partner's ability to take on marital debt or, at least, made the other spouse's debt concerns and goals clear. Both prenups and postnups can settle difficult family law issues through negotiation and understanding before relationships become strained, and cooperation becomes difficult or impossible.
Can a prenuptial agreement be challenged?
Yes, prenuptial agreements may be challenged in court. In determining whether a prenuptial agreement should withstand challenge, courts in Pennsylvania place the burden on the challenging party to prove that he or she did not enter into the agreement voluntarily, or that prior to the agreement, that party:
- Was not given a reasonable disclosure of assets and debts
- Did not waive the right to this information in writing
- Did not have knowledge of the assets and debts
A prenuptial agreement is determined to be valid based on the facts of the agreement. However, because the burden of proof is placed on the challenging party, it can often be very difficult to overturn a prenup. To understand the likelihood of a prenuptial agreement standing, a full and thorough understanding of the circumstances surrounding the agreement is necessary. Areas of inquiry include:
- The information included in the agreement
- The amount of time available to review the agreement
- Proximity of the agreement date to the wedding date
- The issuance of ultimatums
Contact us today to handle your prenuptial or postnuptial agreement
At Morton Family Law, LLC, attorney Kim Morton skillfully negotiates and advocates for you in both prenuptial and postnuptial agreements. To schedule an appointment, please call the office at 888-698-1787 or contact us online.