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Is my prenuptial agreement valid?

It is becoming increasingly common for couples to sign prenuptial agreements today. While there has historically been a sense of mystery and exclusivity that accompanied these legal tools, couples today recognize the value of protecting themselves with a prenup, even if they aren't celebrities and don't have millions of dollars.

If you are among this group of people who signed a prenuptial agreement, then you may or may not be happy you did if you are thinking about getting divorced. In order to understand how your prenup could affect your future, you will first want to determine whether it is enforceable or not.

Requirements of a prenup

A prenuptial agreement is a legal contract. As such, it must comply with contract requirements and laws in Pennsylvania. This means it should be:

  • In writing
  • Reviewed by both parties
  • Signed before a marriage

When a prenup might be set aside

A prenup could be set aside if one party can show that it is unenforceable. According to Pennsylvania laws, a prenup can be unenforceable if it:

  • Was not signed by both parties voluntarily
  • Is exceedingly unfair to one person
  • Is inaccurate 
  • Was signed without proper consideration
  • Contains unenforceable or unlawful terms

What to do about an invalid prenuptial agreement

An invalid prenup can leave assets unprotected and eligible for distribution in a divorce. It can also give people more power to negotiate spousal support. In other words, there can be a lot at stake when it comes to enforcing or challenging a prenup.

If you believe that you have grounds to challenge a prenup, or if you feel that your soon-to-be ex-spouse will challenge your prenup, then you would be wise to consult an experienced family law attorney. An attorney can help you understand your legal options and take the steps necessary to protect yourself and your financial future.

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