In Pennsylvania, it is an unfortunate reality that many marriages do not go as planned and end in divorce. This can be challenging personally, financially and emotionally. It is imperative to be legally protected from the start. While some aspects like child custody and child support may come to the forefront, there are other considerations to think about. A common issue is if there was a premarital agreement (also referred to as a prenuptial agreement or prenup) and whether it is enforceable at the time of divorce.
State law for premarital agreements and whether it is enforceable
For the party who requested the agreement and the person who signed it as a precursor to marriage, it is important to understand the law and the enforceability of the agreement. If there was a premarital agreement and a party is trying to deem it unenforceable, the burden of proof is on that party to show there was a legal violation for it to be set aside. There are certain factors that the court will consider when deciding if the agreement should be enforced.
These include: the agreement not being signed on a voluntary basis; a person not being given all the relevant information about property before the agreement; the rights to full property disclosure were not waived before singing; and the lack of knowledge of property and other financial concerns before agreeing. If, for example, a person was coerced into signing the agreement with threats, that could be a justification to nullify it. Some people have more property than they reveal. This too can be a reason to discard the premarital agreement. The individual circumstances will dictate how to proceed.
Questioning the validity of a premarital agreement may require legal help
People who have a premarital agreement and want to have it nullified may have the legal standing to do so if certain fundamentals are in place. This can be from either perspective including the party who entered the marriage with substantial assets and the party who had less. Regardless of the situation, having legal assistance with this or any other part of family law can be helpful. A firm that is experienced in divorce, property division, support and more might be needed to address the case.