When prenuptial agreements are created in accordance with Pennsylvania’s laws, they are legally binding, which means the terms included will prevail in the event of divorce. If one of the parties to the marriage, however, pressures the other into signing a prenuptial agreement, it may qualify as coercion, which could void the contract altogether. If you have questions or concerns regarding a prenuptial agreement, it’s time to consult with our experienced Johnstown, PA, prenup attorneys at Silverman, Tokarsky & Forman, L.L.C.
The Requirements for a Legally Binding Prenup in Johnstown
Divorce cases in Johnstown are heard in the family court at the Cambria County Court of Common Pleas in Ebensburg. And there are several requirements that must be met in order for the prenup to be enforceable. These include all the following:
- Both parties must have entered the contract voluntarily and without coercion. Exerting pressure on one’s soon-to-be spouse to sign a prenup can absolutely qualify as coercion, and it leaves the contract vulnerable to not being upheld.
- Each party must be transparent regarding their finances, including in relation to assets, liabilities, and obligations. Failure to do so can be interpreted as financial fraud, which can invalidate the prenup.
- The prenup must be in writing and must have been signed voluntarily by both parties.
Coercion or undue pressure could enter the picture at any point along the way. For example, withholding financial information could be interpreted as a form of pressure that’s based on depriving the other person of what they need to make a well-informed decision.
Coercion: The Burden of Proof
If you are fighting a prenuptial agreement based on the fact that you were pressured into signing it, it’s important to know that the burden of proof rests with you. When Pennsylvania courts make decisions about cases that claim coercion, they look at relevant evidence as a whole.
The Timing
The timing of you prenuptial agreement can play a serious role in whether or not it withstands the court’s scrutiny. For example, if your intended spouse sprang a prenup on you just days (or even hours) before your wedding, the presiding judge will pay careful attention. There is no denying that, at that delicate point, pulling out of your marriage would have been extremely difficult and stressful, which can weigh heavily in your favor.
Lack of Independent Counsel
An imbalance of power can also be considered a form of coercion. For example, if your soon-to-be spouse had a legal professional draft the prenup they pushed at you and you were pressured into signing it before obtaining legal representation, it speaks to coercion.
Other factors like threats, emotional abuse, and the exertion of financial control can also be factored in.
Turn to Our Experienced Johnstown Prenup Lawyers for the Help You Need
Our knowledgeable Johnstown prenup attorneys at Silverman, Tokarsky & Forman, L.L.C., have the legal insight and skill to help you prove that the prenuptial agreement your divorcing spouse is attempting to enforce is the product of undue pressure. We’re on your side, so please don’t delay contacting us online or giving our firm a call at 814-536-8600 today.
