Our Pittsburgh Lawyers No Longer Draft Premarital  Agreements in Pennsylvania.

You should get a lawyer to draft your premarital  (prenuptial) agreement. You could rely on a form;  however, a form does not take into account real  world issues that lawyers see on a daily basis. You  need to a solid agreement that takes into account  real world problems that the drafters of a “form”  might not have seen.

What Is A Pre-Nup?
In Pennsylvania, a premarital agreement is treated  like any other contract. Thus, absent fraud and/or a  failure to disclose one’s premarital assets and  earnings, the agreement will be upheld, generally.

Does Fairness Matter?
Ethically, yes. You should try to be fair in life and  treat others as you want to be treated. However, in  Pennsylvania, the courts do not care if your  premarital agreement is objectively “fair.” As  mentioned, the agreement is treated like any other  agreement, such as your agreement to buy a car or  a house. Perhaps the price you pay for a car is not  “fair” or maybe you are getting the car for a steal,  but the courts will not care unless there is fraud.

Do the Courts Protect Women?
The real questions is, why should the courts protect  a person who is competent and over the age of  majority? The courts treat women as equal individuals  who are intelligent, capable, and free to negotiate  their own contracts.

What Does a Pre-Nup cover?
The parties to an agreement can waive all their  rights to support from the other party. They can also  agree what assets will be deemed premarital and  thus not part of the marital estate. Normally, in the  absence of a prenup, premarital generally do not  become part of the marital estate as to become  subject to equitable distribution. Rather, typically,  premarital assets belong to the individual who  owned them before the marriage. However, the  increase in value during the marriage does become  part of the marital estate, the same goes for  contributions into your 401K during the marriage.  Fortunately, you can agree through a premarital  agreement (or a post-marital agreement) exactly  how assets will be distributed upon separation  and/or divorce.

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