Prenuptial Agreements

POST-NUPTIAL AGREEMENT RULED INVALID ON GROUND OF DURESS AND FRAUD IN THE INDUCEMENT

Sep 18, 2020

Trial court had grounds to invalidate post-nuptial settlement agreement on grounds of divorce where evidence demonstrated husband’s history of physical and emotional abuse; wife’s fragile emotional state at the time husband had her execute the agreement, and the lack of opportunity for wife to consult with counsel. Husband William Lewis appealed from the judgment granted […]

WHAT ARE LIVING TOGETHER AGREEMENTS?

Sep 16, 2020

Living together contracts, or cohabitation agreements, are drafted by couples that either will not or cannot marry. In order to be valid, both parties to cohabitation agreements must have equal bargaining power, and disclose all relevant financial information. If properly created, a living together contract can overrule standard laws and inform the court of the […]

CHALLENGING A PRENUPTIAL AGREEMENT

Sep 14, 2020

Any agreement between two parties can be contested at any time, and pre-martial agreements are no exception. Pre-martial agreements or pre-nuptial agreements specify how financial assets, money, and property will be divided in the event of a divorce. Sometimes the specific amounts can be adjusted and sometimes the entire agreement can be invalidated. How can […]

CAN A PRENUPTIAL AGREEMENT COVER CUSTODY AND CHILD SUPPORT

Sep 10, 2020

While you may be able to include some details about child custody and support in a prenuptial agreement, the court generally will not enforce any such details if they are against public policy or if the court believes it is not in the best interests of the child to enforce them. Child Support and Prenuptial […]

ARE THERE ANY PRACTICAL ALTERNATIVES TO SIGNING A PRENUPTIAL AGREEMENT?

Sep 09, 2020

Possibly, but they may not hold up in legal terms. That’s why if you want to protect your rights and assets, you should connect with an attorney with an expertise in family law. As an alternative to a legally-binding prenuptial agreement, each party should prepare a complete list of all their own property (e.g. inventory […]

DEATH OF SPOUSE PRIOR TO FINAL JUDGMENT OF DIVORCE DOES NOT INVALIDATE SURVIVING SPOUSE AS INSURANCE BENEFICIARY

Dec 07, 2017

Insurance beneficiary designation was not statutorily invalidated due to the pendency of a divorce proceeding between the insured decedent and named beneficiary. Colleen and Matthew Easterday cross-appealed from the order of the orphans’ court adjudicating the rights of the parties regarding pension and insurance benefits payable upon the death of decedent Michael Easterday. Decedent died […]

POST NUPTIAL AGREEMENT

Apr 18, 2017

A postnuptial agreement is basically the same as a prenuptial agreement, except that you and your spouse enter into it after you and your spouse have already gotten married, instead of before you marry. In a postnuptial agreement, you and your spouse disclose to each other all the money and property you currently own, both […]

HOW TO DETERMINE IF A PRENUPTIAL AGREEMENT IS RIGHT FOR YOU

Mar 01, 2017

Whether to enter into a prenuptial agreement or not is it a very personal decision. Each individual and couple is unique. Therefore, you should base your decision on your own unique circumstances. Review the pros and cons of prenuptial agreements and then read through the steps below to help you decide if a prenuptial agreement […]

Why Engaged Couples Should Sign A Prenuptial Agreement

Sep 14, 2016

Not just for celebritiesAlthough prenuptial agreements are often associated with celebrity couple—and their headline generating divorces—they are not just for people with boldface namesAny couple who brings personal or business assets to the marriage can benefit from a prenup. The most basic of these contracts lists an inventory of premarital assets that in an event […]

The Terms of Postnuptial Agreement was Enforceable Because Husband Supplied All the Funds Necessary to Purchase House

Sep 18, 2015

In the family law, equitable distribution, postnuptial agreement case of Matoka v. Maatka, PICS Case No. 14-1472 (C.P. Jefferson, August 27, 2014), the Honorable John Foradora ruled that the terms of an agreement entered into by husband and wife after marriage regarding the marital property was an enforceable contract with sufficient legal consideration. In 1992, […]