A prenuptial agreement is a contract entered into before marriage that sets out the details of how assets, debts and alimony will be distributed in the event of separation and/or divorce. These types of contracts will define what will be considered as marital and non-marital property and define “separation” and usually include a waiver or specific provisions regarding spousal support and/or alimony. In Pennsylvania, prenuptial agreements are binding on issues of property division and alimony and can affect child support arrangements.
If you are getting married and have significant pre-marital assets or if you prefer to designate what would happen in the event of separation or divorce in advance of your marriage, you should contact an attorney to inquire about a prenuptial agreement. Anyone who drafts their own prenuptial agreement faces the high likelihood that their agreement lacks important legal provisions that make it binding. If you are being asked to sign a prenuptial agreement by your fiancé, you should always consult with an attorney before signing anything. Just like any other contract, there can be deficiencies in a prenuptial agreement that may render it invalid. If you have signed a prenuptial agreement, and are wondering if it is valid, you should consult with an attorney on that issue as well.
A postnuptial agreement is an agreement that is entered into after marriage, but before either of the parties seek a divorce. Much like a prenuptial agreement, couples enter into postnuptial agreements to safeguard assets or property in the event of divorce by defining how assets will be divided as well as what alimony, if any, will be due to a spouse. A postnuptial agreement remains in effect whether either party eventually seeks a divorce or not.
