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Prenuptial and Postnuptial Agreements

Erie Prenuptial and Postnuptial Agreements Lawyer

In Pennsylvania, it is permissible for spouses to agree upon a split of assets in contemplation of the event the marriage ends in a divorce. This is typically done before the marriage takes place but can be after or “post” marriage.

Prenuptial and postnuptial agreements need to be analyzed by competent family law attorneys.

Under Pennsylvania law, 23 Pa.C.S. § 3106 provides the rules for determining if a prenuptial agreement will be enforced. In order to invalidate a prenuptial agreement, you must show that you did not execute the agreement voluntarily or that before signing the agreement, you did not receive a fair explanation of the property of your spouse, you did not waive a full explanation of the disclosures, and you did not have knowledge of the property before signing.

Basically to set aside a prenuptial agreement, you must prove that you signed the agreement against your will or you signed it without knowing the full finances that you did not agree that your spouse did not have to tell you about your finances or that your spouse left out important information from the disclosure they did make.

There are very fact specific investigations into whether it was voluntarily signed. Things like how close to the wedding the agreement was signed and whether there was pressure to sign it are important. That is why it always best to provide a spouse with enough time before the wedding to allow the parties the opportunity to review the information, meet with their own family attorney, and sign the document.

It is best that parties consider prenuptial agreements at the earliest possible time. To ensure that the agreement will be upheld, the parties should meet with separate attorneys as early as possible and make complete explanation of their finances.

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I would recommend them to anyone and have. 

John is a great attorney.  John and his staff promptly return calls and emails when you have questions and concerns not only when the process starts but all the way to completion.  John and his staff have been a godsend throughout. I would recommend them to anyone and have. 

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