Drafting and executing a prenuptial agreement is a complex task. An individual must identify their needs and then express those identified needs. From there, one must negotiate with their future spouse about their spouse’s needs. Next, a document must be drafted in which the language must be precise and represent the agreed upon details exactly. From there, the agreement must be executed.
If you would like to have a prenuptial agreement, or ‘pre-nup’, as part of your marriage there is good reason to have not only one lawyer present; but two. While it may not be legally required to have attorneys representing each side look over the agreement, there can be significant advantages in doing so. To start, prenuptial agreements are reviewed by a court—sometimes extremely closely. If each party has a legal representative, then it is significantly more likely that each party has had its interests heard and incorporated into the agreement.
Aside from the above example, there are other reasons to work with an attorney. One reason is that laws governing prenuptial agreements can vary from state to state. Many documents that are available from online legal document websites are over-generalized and not completely state-specific. For example, while some states still make use of a “fairness” analysis, Pennsylvania requires a full disclosure of all financial resources at the time the agreement is made.
Another major issue under Pennsylvania law is the voluntarism of the agreement. Actions that deprive one party of a meaningful choice regarding the agreement can render the prenuptial agreement unenforceable. One action that can deprive meaningful choice from the agreement can be an ultimatum. An attorney can guide you on the issue of the voluntariness of the agreement and help you avoid potential problems.
Working alongside on of our skilled family lawyers can eliminate the guesswork and give you the peace of mind that your interests will be protected. Planning, drafting, negotiating, and executing a prenuptial agreement is a difficult task which takes place at a critical and joyful juncture in your life.