The Truth about Pre-marital Agreements

By Sheryl Rentz on January 17, 2013

Romantic love is not a guarantee of future happiness. Pre-marital agreements may not be romantic, but they can protect assets of couples entering into a marriage or a cohabitation arrangement. Family law attorneys are not match makers. What they can do is safeguard one’s assets should the romance end.

What is a Pre-marital Agreement?

Pre-nuptial agreements can also be called pre-nuptial agreements or ante-nuptial agreements. A pre-marital agreement is a legal document agreed upon, signed, and entered into prior to a couple’s marriage. Legal pre-cohabitation agreements can also be legal contracts that work in much the same way for couples who do not plan to be married.

Not Romantic

As reported in www.huffingtonpost.com, the truth is pre-marital agreements are anything but romantic. Negotiating the financial terms of a legal pre-marital agreement is often disturbing to both people in a relationship and may not be the best way to introduce yourself to your future in-laws. However, though it may be uncomfortable, the process does have the potential to strengthen a relationship.

Facts Regarding Well-drafted Pre-marital Agreements

Pennsylvania divorce laws allow enforcement of pre-marital agreements that are entered into voluntarily, put in writing, and follow full or fair disclosure at the time the agreement is executed. The agreement must not be unconscionable and must be personally executed by both parties in an acknowledgement in front of a notary public (the manner required for a deed to be recorded).

Pre-marital agreements do not determine child custody. The courts retain the power to decide who is responsible enough to take care of raising the children.

Pre-marital agreements establish at separation dividing of property, allocation of assets and the limit of alimony payments.

Is a Pre-marital Agreement the Best Option for You?

Montgomery County, Pennsylvania family law attorney Sheryl R. Rentz understands the advantages of pre-marital agreements. The drafting of a pre-marital agreement requires the guidance of an experienced pre-marital agreements attorney. To find out more, call (610) 645-0100 to discuss your plans.