A prenuptial agreement is a legal agreement made before marriage that explains how the couple’s assets will be handled if they divorce. At Mette Attorneys at Law, our prenuptial agreement attorneys in Harrisburg PA can help address financial concerns before marriage becomes legally binding, particularly when one or both spouses own substantial property, operate a business, have significant debt, or expect an inheritance. 

What an Agreement Can Address

Pennsylvania law allows couples to create a prenuptial agreement that sets out how their property, debts, and other financial matters will be handled during the marriage and in the event of divorce. A well-prepared agreement can:

• Separate property owned before marriage from property acquired during the marriage. This can help clarify who owns the property if the couple divorces, and is especially helpful for those with substantial assets.

• Address specific financial situations that may cause disagreements later. For instance, a spouse may want to keep an inheritance as separate property. A prenuptial agreement can clearly state how inherited money, real estate, investments, or other property will be treated and can help protect those assets if they are later combined with marital funds or used to purchase other property.

• Outline business ownership. Even if one spouse owned a business before the marriage, an increase in the business’s value during the marriage may be considered marital property and may be subject to division in a divorce. A prenuptial agreement can help protect the business.

• Clarify which spouse is responsible for debts taken on before or during the marriage.

• Include terms about how spousal support may be handled if the couple separates or divorces. However, a prenuptial agreement cannot permanently decide child custody, visitation, or child support. These decisions are made by the court.

• Outline the possibility of a postnuptial agreement. A postnuptial agreement is used to update arrangements when financial circumstances change during the marriage. 

A prenuptial agreement should be discussed and signed well before the wedding. Each spouse can consult with an independent attorney, who can draft the prenup, explain the terms and answer questions, and help you understand your rights before signing. Signing the agreement close to the wedding may raise concerns about pressure or whether both parties had enough time to make a voluntary and informed decision.

Full Financial Disclosure

Before signing the prenuptial agreement, both spouses should provide complete and accurate financial information of their assets, debts, income, and other significant financial interests. Full disclosure helps ensure that each person understands the financial circumstances of the other and can make an informed decision about the agreement. 

A prenuptial agreement may be unenforceable if a spouse did not voluntarily sign the agreement or was pressured into doing so, was not given a fair and reasonable disclosure of the other spouse’s property and financial obligations, and did not voluntarily give up their right to receive additional financial information in writing.

Protect Your Interests With the Help of Our Prenuptial Agreement Lawyers

At Mette Attorneys at Law, we understand that conversations about finances and prenuptial agreements can feel overwhelming. Our goal is to help you create an agreement that reflects your specific needs and allows you to enter your marriage with peace of mind. If you are preparing for marriage and want to explore a prenuptial agreement, contact our prenups lawyers in Pennsylvania by calling 717-232-5000 or use our online contact form to schedule a consultation.