Reliable Guidance With Prenuptial Agreements in PA

Experienced representation for drafting and challenging marital agreements

Given that almost half of all marriages end in divorce, it is important to put protections in place before entering into marriage. Louis Wm. Martini, Jr., P.C. in Media, PA helps engaged clients guard against asset depletion and costly litigation. We negotiate and draft prenuptial agreements that protect our clients’ financial interests, streamline the divorce process and allow them to enter their marriages with peace of mind. On the other hand, if you are going through a divorce and are looking to break an overly restrictive and unfair marital agreement, we assert your rights aggressively and fight for the best possible outcome.

Creating a prenuptial agreement tailored to your needs

Many lawyers take a one-size-fits-all approach to drafting prenuptial agreements, which can leave clients unprotected and even render the document invalid. At Louis Wm. Martini, Jr., P.C., we do not use templated prenups. Instead, we work closely with our clients to develop prenuptial agreements that address their particular concerns and protect their rights.

Before drafting a prenuptial agreement, we want to know what matters most to you. Are you concerned you might lose a family business in a divorce? Or you might have to split a large inheritance? Maybe you are worried your upcoming marriage will disinherit your children from a previous relationship. Once we understand your concerns, your goals and the extent of your financial assets, we draft a precise prenuptial agreement that protects your interests. We also go the extra mile and consult with your estate planning attorney and financial advisers to ensure your prenuptial agreement works seamlessly with your testamentary documents and financial strategies.

Employing prenuptial agreements to deliver a range of important benefits

Prenuptial agreements are often criticized as unromantic, but there is no denying they provide a wide array of benefits, including:

• Clearly defining your separate property
• Asset protection
• Establishing divorce procedures
• Complementing your estate plan
• Protecting against joint liability for debts
• Streamlining divorce processes, bypassing litigation, reducing conflict, and saving time and money
• Laying out any special agreements between you and your future spouse

With all of these safeguards included, your prenuptial agreement delivers the greatest benefit of all: peace of mind.

Legal requirements of a prenuptial agreement in Pennsylvania

To be valid in the courts of the commonwealth, a marital agreement must satisfy various requirements. A valid prenup must:

• Be written — The document must be signed by both parties and notarized.
• Demonstrate financial transparency — The document must be accompanied by a statement of assets and income information for both parties and include an accurate estimate of each party’s net worth.
• Be completely voluntary — To demonstrate there has been no fraud or duress in the agreement’s creation and execution, parties should complete it long enough before the wedding to rule out the appearance that it was forced on one party by the other.
• Show known consent — The parties must have understood the terms and conditions and the rights they were surrendering by signing the agreement.
• Include fair terms — A marital agreement cannot be so one-sided as to be “unconscionable.”

When drafting prenuptial agreements, we are meticulous in complying with legal requirements, so you can proceed with confidence if you must go to court to enforce your prenup.

On the other hand, in our divorce practice, we have represented clients whose marital agreements were executed under questionable circumstances with problematic terms. In such cases, we assert our client’s legal rights and present to the court various reasons why the prenup should be ruled invalid.

Contact an experienced Media, PA family law attorney for reliable prenup representation

Whether you need a prenuptial agreement drafted, or need to challenge or defend a prenup during your divorce, Louis Wm. Martini, Jr., P.C. in Media is prepared to help. Call us at 610-624-4227 or contact our office online to schedule a free consultation. We are conveniently located at 206 West State Street, just a few short blocks from the Delaware County Courthouse.