Prenuptial / Postnuptial Agreements

Prenuptial, Antenuptial, and premarital agreements

Antenuptial, prenuptial, or premarital agreements (all mean the same thing) are contracts. They are treated by courts in the same manner as ordinary contracts, governed by contract law, and subject to the principles of contract law. Further, duly executed prenuptial agreements are accorded the same presumption of legality as any other contract. An antenuptial agreement must comport with the rules governing the formation of all contracts, including the necessity of consideration, except where specified by statute, the signature of the parties, identification of the parties, terms (full and fair disclosure is essential), and the absence of fraud, duress, or incompetency. The mere fact that one has failed to read the agreement or have counsel approve the agreement is not grounds for voiding the agreement. Further, the claim of duress because of an impending marriage, without more, is insufficient to void a premarital agreement.

For a complete discussion of post-nuptial agreements, see our page on Legal Separation Agreements.

The key factor in any postnuptial or prenuptial agreement is complete disclosure of all assets and debts. In the event that your assets include a business, it becomes all the more important that you consider a method of accounting which facilitates the transition of the business in the event of a divorce. If you are thinking about executing a prenuptial agreement, both parties will need to consult with a knowledgeable attorney.

At Shaffer & Engle Law Offices, LLC, located in both Millersburg and Harrisburg, we represent couples and individuals throughout Central Pennsylvania in drafting prenuptial and postnuptial agreements. We also review these agreements at the time of separation or divorce. Contact us today to discuss your legal questions and concerns with a highly regarded family law attorney.

Our lawyers have over 65 years of combined legal practice experience, and understand all of the important elements to include in the prenuptial agreement, so as to avoid any later acrimonious legal battles.

A prenuptial agreement can protect both the drafter of the document, as well as their heirs. This becomes especially important in situations involving blended families. Thus, when couples with children from previous relationships decide to wed, it is imperative to address business and financial issues beforehand.

Married individuals who have not entered into a prenuptial agreement can still execute a postnuptial agreement, which covers the same areas as a prenuptial agreement. Our firm also assists clients in drafting legal separation agreements when a couple is contemplating divorce or decides to live separate and apart. Both parties need to have an accurate picture of all assets in their possession at the time of separation. We will perform a thorough analysis of all assets and debts, including any businesses owned by either or both parties. We will also review all debts to ensure that they are properly divided and allocated.

Our firm has been serving the legal needs of couples and families throughout the region for over 50 years. We are committed to providing high quality legal support and guidance to each of our clients. We will work with you and your future spouse to draft an agreement that is specially-tailored to your unique situation. Contact us to discuss your individual legal needs with a skilled, experienced attorney.