Prenuptial Agreement Lawyer in Johnstown, PA

When you are engaged, you’re naturally focused on growing your relationship into a lasting and rewarding marriage. While a prenuptial agreement may not seem to align with your vision, this should not be the case. The truth is that a prenup is no more than a legal contract that helps ensure both spouses feel protected in the event of a divorce, which can help strengthen the foundation of the marriage.

Explore your questions and concerns with one of our experienced Johnstown family law lawyers at Silverman Tokarsky & Forman, L.L.C. today.

The Requirements for Legally Binding Prenuptial Agreements in PA

For your prenuptial agreement to be legally binding in Pennsylvania, the following must apply:

• The contract is in writing and is signed by both spouses.
• Each spouse entered the contract willingly, without being coerced or pressured.
• Each spouse was transparent regarding their income and assets, as well as their debts and liabilities, which helps set the stage for fair terms.

Prenuptial agreements are created prior to marriage, and they go into effect when the couple marries. There is no strict guideline regarding the amount of time that should elapse between the creation of your prenup and your marriage in Pennsylvania. However, allowing more time, such as from 60 to 90 days, is recommended. Rushing to sign a prenup right before a wedding can raise legal red flags and might result in unfair terms.

Prenuptial Agreements Generally Address Financial Matters

Prenuptial agreements are designed to address financial concerns, including the division of marital property and alimony. The motivations behind prenuptial agreements tend to include:

• Ensuring that inheritances remain separate property and are, therefore, passed to their intended recipients
• Protecting the inheritance rights of children in blended families
• Clarifying estate planning tools, which can support a smoother transfer of assets
• Safeguarding a family business, which helps to ensure that divorce disputes won’t disrupt operations
• Protecting one partner’s assets, especially if there is a significant discrepancy in wealth, while ensuring the other has necessary support

Because child custody arrangements and child support terms are based on the children’s best interests at the time, they generally cannot be addressed in prenuptial agreements.

What to Expect if You Don’t Have a Prenup

Without a legally binding prenuptial agreement in place, you can expect your marital property to be divided between you and your spouse equitably in the event of divorce. This means fairly in response to factors like the duration of your marriage and each of your contributions to the marriage, which may or may not translate to an equal division. Further, alimony in Pennsylvania is generally reserved for divorces following long marriages and those involving considerable financial disparity.

Reach Out to Our Experienced Johnstown Prenuptial Agreement Attorneys Today

A prenuptial agreement can help lay the groundwork for a long and loving marriage, and our trusted Johnstown prenuptial agreement lawyers at Silverman Tokarsky & Forman, L.L.C., are committed to helping you achieve the peace of mind you seek. We have the legal skill and breadth of knowledge to help, so please don’t delay reaching out for more information by contacting us online or giving our firm a call at 814-536-8600 today.