In an increasing number of cases, it seems that many individuals considering marriage are also considering utilizing a Prenuptial Agreement to set forth their intentions relating to assets and support in the event that their marriage is dissolved. In Pennsylvania, with rare exception, Prenuptial Agreements that meet the requisite formalities are upheld as valid even if they are unequal or considered to be unfair at a future time. For that reason, entering into a Prenuptial Agreement is not a decision to be taken lightly.
Often a premarital agreement is sought where there are substantial individual assets or family assets (like a trust or inheritance) that one or both parties wish to exclude from division in the event of a future separation. However, that is not always the case. Sometimes one or both parties have already been through a contentious divorce and simply do not wish to risk the uncertainty of a future separation without clear guidelines in place about what will and will not occur with regard to assets and the sharing of income. A well-written Prenuptial Agreement will trump the otherwise default laws regarding divorce, support between spouses and even estate planning.
It is important to understand what each party’s goals are today and in the future and what they deem most important to protect and, if skillfully done, a Prenuptial Agreement can provide security and peace of mind to both parties.
