Prenuptial, Postnuptial & Separation Agreements
WARNING—Do not sign prenuptial, postnuptial or separation agreements without consulting a lawyer who practices in this area or you could lose important support and property rights.
Pennsylvania allows for prenuptial, postnuptial and separation agreements. It’s important not to sign any of these agreement unless you are represented by a lawyer who practices family law and divorce because you could can lose important support and property rights. Here’s a general description of each of those agreements:
- Prenuptial Agreement—signed before the marriage that can waive important support and property rights.
- Postnuptial Agreement—signed after the marriage that can waive important support and property rights.
- Separation Agreement—similar to a postnuptial agreement, but if you reconcile after signing the agreement it no longer counts.
Full Disclosure Must be Made or the Agreement May Not Matter
If you sign any of the agreements, but your spouse hid income, assets or anything else that is important, and you later find out about it, then the court may hold that the agreement is not enforceable. But be careful, these agreements often have a provision that states you had an opportunity to investigate and are satisfied with the disclosures, which could hurt your argument. That’s why you need a lawyer. It’s tricky.
If You’re Not Represented by a Lawyer the Agreement is Still Valid
If you later decide that the agreement is not fair, and claim you didn’t understand it because you didn’t have a lawyer to represent you, too bad. You lose. The court will still uphold the agreement. So make sure you get a lawyer to protect your interests before signing the agreement.
Three Ways to Claim that The Agreement is Not Valid
Here are three reasons why a court may find that a signed agreement is not valid:
- Fraud;
- Coercion; and/or
- Duress.
An example of fraud is one side hid income or assets that should have been part of the agreement. If that’s true, the court may hold that the agreement is not valid. Coercion can look something like, “sign the agreement or I’ll break your arm.” If that happens, the agreement is not valid. Duress can be something like you signed the agreement when you had a mental or physical sickness that interfered with your ability to completely understand what you were doing. If that’s the case, the agreement may not be valid.
Sound complicated? Only because it is. And that’s why you need a good lawyer to handle your case.
Want Peace of Mind and a Complete Evaluation of Your Case?
Call (610) 347-5683 NOW or Click HERE to Schedule a Consultation with Chester County Pennsylvania Divorce & Family Law Attorney, Michaelangelo L. Dippolito. Click HERE to see the attorney’s background.
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