AGREEMENTS IN ANTICIPATION OF MARRIAGE Valid Marriage Agreements: Prenuptial and Postnuptial While you certainly can create and enter into a premarital agreement or postnuptial agreement on your own, having an experienced lawyer assist you will make sure that all of your assets and financial interests are legally protected and binding. The main issues are related to the events of separation or divorce. So long as these types of agreements are entered into because of duress, misrepresentation or fraud, and so as long as both parties have made a full and fair disclosure to one another Pennsylvania courts will not consider the “reasonableness” of a agreements In Pennsylvania, even if one party did not have the agreement reviewed by an attorney, it is still considered valid. Since there are circumstances over which we have little or no control, a prenuptial agreement does not mean you think your marriage will end in divorce. To the contrary, there should be a spirit, especially within the negotiation of such an agreement, that success should be fostered since many things that are subject to control, are (1) identified, (2) memorialized and (3) understood. Remember that marriage is based on the notion of forming a contract. However, this contract is indefinite in many ways including notions of “richer and poorer” and “until death…. Therefore, the best way to protect this type of contract, which is filled with the uncertainties of “forever and ever”, might be best served by another type of contract. An agreement, whether called a prenuptial or premarital agreement, is a contract between a man and woman before they are married. A prenuptial agreement outlines the division of assets and property in the event of a divorce. Prenuptial agreements may also include the types and amount of alimony, support, and other matters where either party may feel that they are entitled. There are statutory limitations. For example, in Pennsylvania, prenuptial agreements are not binding on issues of custody of for matters of support with respect to children. Consider a pre-marital agreement if: You or your prospective spouse had been married previously. You have children from a prior marriage whose financial futures or interests you want to protect. You have more income or assets than your future spouse You want to protect your premarital business or other assets you acquired prior to marriage from the equitable distribution process. You want to decrease your financial liability, protecting the wealth you have acquired throughout your lifetime, inherited, or have acquired during marriage in the event of a divorce. You have an inheritance in your name or expect one in the future.