Guiding You In Prenuptial Agreements
While no couple on the brink of getting married wants to think about what would happen to their assets in the event of death or divorce, sometimes a prenuptial agreement is necessary to protect your economic rights and ensure that you will control the disposition of your assets. In Pennsylvania, prenuptial agreements are technically known as “premarital agreements.” A premarital agreement is defined as “an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage.”
At Shay, Santee, Kelhart & Deschler LLC in Bethlehem, Pennsylvania, we can assist you with drafting a prenuptial or premarital agreement that complies with all legal requirements to guard against it later being invalidated in court. Similarly, if you have been asked to sign a premarital agreement, we can help you review the agreement to make sure your rights are protected.
Protecting Your Rights While Enforcing Crucial Agreements
If you are getting divorced, you may be financially harmed by the enforcement of a premarital agreement that you signed prior to marriage, we can assist you in attacking the validity of that agreement. A court will not hold a premarital agreement to be enforceable if the party seeking to set aside the agreement did not execute the agreement voluntarily.
Further, a premarital agreement will not be enforceable if the party seeking to set aside the agreement (a) was not provided a fair and reasonable disclosure of the property or financial obligations of the other party (b) did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided (c) did not have an adequate knowledge of the property or financial obligations of the other party. The party seeking to set aside the agreement must prove the agreement’s invalidity by a heightened burden of proof standard known as “clear and convincing evidence.” While this can be a difficult hurdle to overcome, the lawyers at Shay, Santee, Kelhart & Deschler LLC are experienced in this area of law so that we can assist you in presenting your strongest case.
Likewise, if you are the party wishing to enforce the premarital agreement, we can help as well. The best way to ensure that a premarital agreement will be enforced when attacked is by making the necessary disclosures, explained above, prior to the execution of the agreement. If you would like a prospective spouse to sign a premarital agreement, consulting with a family law attorney to ensure that you have made the proper disclosures is the best way of protecting your rights under the agreement should the matter ever be litigated.
We Are Ready To Negotiate and Advocate For You
Negotiations involving premarital agreements can be emotional and contentious. For parties intending to enter into a second marriage, a premarital agreement may be particularly advisable. Consult an experienced family law lawyer at Shay, Santee, Kelhart & Deschler LLC in Bethlehem, Pennsylvania, to help you understand and protect your rights. For an initial consultation, contact us online or call 610-295-5328.