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A party intending to marry may enter into a pre-marital or antenuptial agreement with a prospective spouse limiting their future spouse's statutory rights as a husband or wife in Pennsylvania. Those statutory rights are primarily related to property and inheritance, support, alimony and other rights arising out of the marital relationship. The main purpose of such an agreement is to modify or extinguish those statutory rights. In order for a pre-marital or antenuptial agreement to be enforceable in Pennsylvania, it must be entered into by the parties with full and fair disclosure of assets and with no fraud, misrepresentation or duress. The prospective spouses are not business entities dealing with each other at "arms' length". Each party is entitled to rely on and believe what the other party says. In order for the agreement to be enforceable, it must be fair and must make a reasonable provision for the spouse against whom enforcement is sought. The test of reasonableness is whether the "provision" will enable the spouse against whom enforcement is sought to maintain the standard of living to which the spouse was accustomed while married. Interestingly enough, there have been fewer than 10 reported appeals from antenuptial agreement enforcement trials from 1990 to the first few years of the new millennium. The law in this area is well established but it leaves a burden on the trial court to make important factual determinations. On the other hand, there is a presumption that an antenuptial agreement is valid and that presumption can only be overturned by showing either: (1) inadequate or no provision for spouse or surviving spouse; or (2) lack of full and fair disclosure of worth and assets. Many clients want to test the waters of marriage before diving in with their assets. If you are one of those clients and wish to consult a lawyer with regard to the preparation of an antenuptial agreement, you should prepare an itemized list of assets and liabilities with descriptions and values. You should also be prepared to list and describe businesses. Many clients are concerned about increased income that will be derived from their businesses during years of marriage. These concerns can be addressed along with all statutory marital rights. |
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PRE-MARITAL AGREEMENTS |
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John Wendell Beavers & Associates, P.C., a Pennsylvania Professional Corporation |
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John Wendell Beavers, Esq. John Wendell Beavers & Associates, P.C. (a professional corporation) 1518 Walnut Street, Suite 800 Philadelphia, PA 19102 Phone: 1-215-732-0600 Office Email: trial.lawyer@verizon.net Home Email: jwbesq@comcast.net |