The Importance of a Prenuptial Agreement

Leigh Lyons • March 28, 2023


As a family law attorney licensed in Pennsylvania, I often counsel clients on the benefits of a prenuptial agreement. A prenuptial agreement is a legal contract that couples can enter into before they get married, which sets out how their assets and debts will be divided in the event of a divorce or separation.

Many people view prenuptial agreements as unromantic or unnecessary, but the truth is that they can be incredibly important. Here are just a few reasons why I advise everyone to sign a prenuptial agreement before marriage:

  1. Protecting your assets: If you have assets that you want to protect, a prenuptial agreement can help ensure that they are not subject to equitable division in the event of a divorce. This can include anything from a family business to an inheritance to a retirement account to a premarital house.
  2. Clarifying financial expectations: A prenuptial agreement can also help clarify each partner's financial expectations and obligations during the marriage. This can include everything from how household expenses will be divided to how debt will be handled.
  3. Reducing conflict: In the event of a divorce or separation, having a prenuptial agreement in place can help reduce conflict and make the process smoother and less contentious. With clear guidelines already established, both parties can feel more secure and confident in the process, which is especially important when children are involved.
  4. Protecting future earnings: If you or your partner anticipates significant future earnings, a prenuptial agreement can help ensure that those earnings are protected. This can be particularly important for entrepreneurs, business owners, or anyone with a high earning potential.
  5. Planning for the unexpected: No one wants to think about divorce when they're getting married, but the reality is that many marriages do end in divorce. By having a prenuptial agreement in place, you can plan for the unexpected and help protect yourself and your assets in the event that things don't work out.

In Pennsylvania, prenuptial agreements are enforceable as long as they meet certain legal requirements, like all contracts. Specifically, they must be in writing, signed by both parties, and entered into voluntarily and with full disclosure of each party's assets and debts.

If you are considering a prenuptial agreement, it is important to consult with an experienced family law attorney. A lawyer can help ensure that the agreement meets all legal requirements and is tailored to your specific needs and circumstances.

In short, a prenuptial agreement can be an important tool for protecting your assets, clarifying financial expectations, reducing conflict, and planning for the unexpected. If you are getting married and have assets to protect or other concerns, consider discussing a prenuptial agreement with your partner and consulting with a family law attorney to ensure that your rights are protected.

Feel free to call us at 412-709-1625 to schedule your consultation.

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