Pre/Post-nuptial Agreements

Although it may not be the first thing that comes to mind when someone is engaged or newly married, it is still important and at times, necessary to establish a pre-nuptial agreement before you marry or a post nuptial agreement after marriage.

It's true that most people do not begin a marriage with the idea that it will end in divorce. But the unfortunate fact is that many unions do come to an end. To help protect your assets, we recommend pre nuptial agreements. This is a contract between the two parties that outline the rights of each individual should the marriage not last forever. A pre nuptial agreement is created before the date of marriage.

But if a couple is already married, then a post nuptial agreement can be used. These are contracts between the two married individuals that define their respective rights should the marriage not last.

Pre-Nuptial Agreements:

Pre-Nuptial agreements are voluntary legal contracts created prior to a marriage between the two individuals who are getting married.  The purpose of the agreement is to write down and determine each party's legal and financial rights in case the marriage does not last.  They are legally binding and should not be entered into lightly.  Using an attorney who understands what specific items need to be included ensures that the agreement is enforceable. There are limited circumstances when the husband or wife can petition the court for the purpose of setting aside the Pre-Nuptial Agreement.  If the petition is successful, then the parties would proceed with the equitable distribution of marital property and support provisions of the Pennsylvania Divorce Code. If the petition does not succeedl, the terms of the Pre-Nuptial Agreement will prevail.

Post Nuptial Agreements:

Post nuptial agreements are similar to pre-nuptial agreements with the exception that instead of entering into the contract before the date of marriage, it is created at some point after the marriage. 

Attorney Stephen Barcavage understansds the ins and outs of these agreements and he can provide representation to ensure that your rights and property are protected or to help you defend against an inequitable agreement.