Prenuptial, Postnuptial Marriage Settlement & Cohabitation Agreements in Pennsylvania

Reasons for Prenuptial Agreements

A prenuptial agreement --also referred to as an antenuptial agreement or a premarital agreement --is a contract entered into by a man and woman in anticipation of their marriage.  Premarital agreements usually outline the division of assets and debts and form and amount support, if any, that each party will be entitled to in the event of divorce or death.  Although prenuptial agreements can be binding on issues of division of property, spousal support and alimony, Pennsylvania law states that prenuptial agreements are not binding on issues of child custody and, on occasion,  child support.

A man or woman who wants a future spouse to sign a prenuptial agreement often has something he or she wants to protect from the Pennsylvania equitable distribution process in the event the marriage fails.  One or both potential spouses may want to avoid the risk of a major loss of assets, income, or a family business in the event of a divorce.  People marrying for a second or third time also might desire to make sure that certain assets or personal belongings are passed on to the children or grandchildren of prior marriages rather than to a current spouse.

On the other hand, there are times when a prenuptial agreement may not be necessary, but some  sound premarital advice from a lawyer could be beneficial to the future spouses.   Approximately fifty-five percent of all marriages end in divorce.  Marriage is a contract that involves many financial decisions along the way. Our office can help guide you to make sound financial decisions during your marriage contract.  Contact us before you tie the knot!

Pennsylvania Postnuptial Agreements

Postnuptial agreements, also known as postmarital agreements, are agreements entered into after a marriage has taken place, but before the parties seek to end their marriage.  As with premarital agreements, one or both of the parties usually is seeking to protect assets or income in the event of divorce or death.

Validity of Pennsylvania Prenuptial and Post nuptial Agreements

In Pennsylvania, prenuptial and post nuptial agreements are considered the same as any other contract parties may enter into and, therefore, are presumed to be valid and enforceable.  This presumption can be overcome only if clear and convincing evidence is presented by the spouse seeking to set aside the agreement that the agreement was not entered into voluntarily or that there was not a full and fair disclosure of assets and liabilities of each spouse at the time of the agreement and a waiver of the disclosure was not included in the agreement. In fact, prenuptial and post nuptial agreements are valid and enforceable even if one spouse or prospective spouse does not retain an attorney to review the agreement before they sign the agreement.

Marriage Settlement Agreements

Marriage Settlement Agreements (sometimes also called Property Settlement Agreements) are contracts written that resolve by agreement the division of marital assets and marital debts, payment of support, and additional issues that arise during the course of a divorce proceeding.   Before either spouse signs a Marriage Settlement Agreement, the Agreement should be reviewed by their own independent attorney.  Both spouses should not utilize one attorney to draft a Marriage Settlement Agreement and should not presume that one attorney will look out for both spouses'  interests.  These agreements, like prenuptial and postnuptial agreements, are considered to be binding upon the spouses except in very rare circumstances and they will be enforced even if one spouse unknowingly signs away rights they would have otherwise been entitled to receive as part of the equitable distribution process.

Cohabitation Agreements

A cohabitation agreement is a legally binding contract that defines the rights and obligations of two individuals who intend to reside together but either do not wish to or are legally prevented from marrying each other.  Cohabitation agreements seek to protect the financial interests of both partners and are especially important if they intend to bring children into the relationship.  They are most commonly used for lesbian or gay couples, but are also used for heterosexual couples who do not intend to marry.  Cohabitation agreements generally include provisions relating to the joint ownership of real estate or other assets, how gifts between the partners will be divided in the event of a split, the overall rights and obligations of each partner in the event of death or a termination of the relationship, whether any monthly payments will be made to either partner, and issues involving life insurance.  Cohabitation agreements cannot be enforced through the Family Court system; however they are enforceable through the Civil Courts under breach of contract theories.

Contact our Office

To learn your rights concerning prenuptial, post nuptial, marriage settlement, or cohabitation agreements,  email our office  to schedule an appointment or telephone our office at (412) 281-9906 for our Pittsburgh office, (724) 776-9906 for our Cranberry office, or toll-free at  1(866) PA-DIVORCE  or  1(866) PA-CUSTODY .  From our PA law offices located in the  Pittsburgh and Whitehall sections of Allegheny County and in Cranberry Township  in Butler County, our team of Pennsylvania family law attorneys are available to represent clients with their issues originating in Western Pennsylvania.  Our Pennsylvania family  lawyers and staff regularly assists family law clients with family law issues in Allegheny County, Beaver County, Butler County, Washington County, and Westmoreland County.  Our attorneys accept family law cases from Armstrong County, Fayette County, Greene County, Indiana County, Lawrence County, Mercer County, Somerset County and Venango County on a case-by-case basis.   We welcome clients who reside in the Greater Pittsburgh and Butler areas and can meet with us in person as well as clients from other cities, states and countries.  Schedule an appointment with our team of PA family attorneys   to assist you with your PA family law matter!

PA Appellate Cases involving Antenuptial and Postnuptial Agreements

Stackhouse v. Zaretsky - Pennsylvania Superior Court discusses validity of antenuptial and postnuptial agreements and the impact upon husband and wife's ante nuptial and post nuptial agreements.

Sirio v. Sirio - The PA Superior Court reviewed case involving high-income Melzer analysis for child support. PA Superior Court held that the Hearing Officer should have considered the mother's counsel fee request 23 Pa.C.S.A. § 4351 which allows awarded of counsel fees to the plaintiff in a support action. The award of counsel fees because of Father's obdurate, vexatious or dilatory behavior pursuant to section 2503 does not prevent an award of additional counsel fees under section 4351. Sirio v. Sirio, 2008 PA Super 133

Krebs v. Krebs - The Superior Court held that mother was entitled to retroactive modification of the child support order beyond the period that she had a petition for modification filed because father failed in his affirmative duty to report to the court his increase in earnings. The Court also explained that an award of attorney's fees to a plaintiff in a support action may be appropriate in certain circumstances and that the court should consider (1) whether the obligor's unreasonable or obstreperous conduct impeded the determination of an appropriate support order; (2) whether the obligor mounted a fair and reasonable defense in a child support order; (3) whether the obligor's failure to fulfill his moral and financial obligation to support his children required legal action to force him to accept his responsibilities; and (4) whether the financial positions and financial needs of the parties are disparate. Krebs v. Krebs, 2008 PA Super 29

Faust v. Walker - The PA Superior Court held that the domestic relations section is granted the power to issue orders to secure assets to satisfy support obligations and arrearages by intercepting or seizing judgments or settlements. Faust v. Walker, 2008 PA Super 38

Annechino v. Joire - Wife claimed that since the parties' marriage settlement agreement was not incorporated into the parties' Divorce Decree and the pleadings did not include a count for equitable distribution, the trial court did not have the authority to enforce the Property Settlement Agreement and the husband's only remedy is a separate civil action in equity. The Superior Court held that section 3105(a) of the Divorce Code controls which permits any agreement entered related to the divorce action to be enforced by the family courts. Annechino v. Joire, 2008 PA Super 50

Hopkins v. Byes - The PA Superior Court held that the trial court did not err or abuse its discretion by imposing $500 attorney's fees as a sanction for the mother's failure to abide by a custody order, without first ascertaining mother's ability to pay the sanction. Hopkins v. Byes, 2008 PA Super 172

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• Money Management can Boost Marital Bliss
• Things to Consider in Second Marriages
• Working out Conflicts Before you Marry

Disclaimer

The statements in this section are based on Pennsylvania law and have been issued to inform and not advise.  The statements are general in nature and individual facts in a given case may alter their application or involve other laws not referred to here.