On behalf of the Law Office of Smith & Horwitz posted in Prenuptial Agreements on Monday, April 15, 2013.
Many people in Pennsylvania are getting married later in life after they have already acquired assets or have careers. Many of these couples are now turning to prenuptial agreements to protect their assets in case of a divorce or even set out “rules” for their marriage. The impression used to be that prenups couldn’t be breached, but that’s not entirely true.
There are ways to help ensure that a prenuptial agreement will be upheld by a court in the event of a divorce. The first thing that couples need to be sure of is that they are honest and forthright with their partner about their assets. If it is determined that a party entered into the agreement fraudulently, it may be invalidated.
Both parties have to enter the agreement voluntarily. If a party is able to show that they were coerced in some way into signing the agreement, it may be invalidated. The agreement also has to be equitable. If it looks as though one party is receiving a substantially larger amount of the assets than the other, there could be problems.
People also have a tendency to put provisions in their prenuptial agreements these days that may not be enforceable at all. Conditions such as how much the parties can weigh, whether a woman can cut her hair, or a man can grow a beard may not be upheld by a judge even if the parties agreed to them at the time the agreement was signed. A prenup also has to conform to Pennsylvania laws.
Prenuptial agreements have to be in writing and executed in the manner set out by our state laws. If the agreement does not conform to procedural requirements, it may be invalidated even if it meets all other criteria. A couple wanting to sign a prenup may benefit from having advice and assistance with its drafting and execution in order to ensure it will stand up in court.