12Law Arrow 12Law Arrow  Easy Questions  
12Law Arrow 12Law Arrow Instant Legal Documents
 
 
FINANCIAL & MARITAL

Cohabitation Agreement coming soon!
Separation Agreement coming soon!
No-Fault Divorce coming soon!
Bankruptcy coming soon!
 
 

Do I Need a Lawyer for a Prenuptial Agreement in Avella, PA

Do I Need a Lawyer for a Prenuptial Agreement in Avella, PA


It is not a lack of love, but a lack of friendship that makes unhappy marriages.
 
- Friedrich Nietzsche


A prenuptial agreement can be a great tool for couple to establish the financial rights of each spouse in unfortunate event of a divorce including protecting a family business, securing personal assets, and taking care of children.

In some states each party is required to have an attorney and in some states you don't need a lawyer to create a prenuptial agreement. A prenup must be in writing to be legally valid in every state. It is in your best interest to use an attorney drafted Prenuptial Agreement. Check out a free preview of an attorney drafted Prenuptial Agreement at 12Law.com.

Both parties must voluntarily execute the agreement, engage in full disclosure of their assets and liabilities and must sign the document in the presence of a notary public. Rules for prenups vary from state to state, and each contract will be evaluated on its individual merits. Some states require legal representation for both parties.

There are several conditions that can make a prenuptial agreement unenforceable: 1) the agreement is fraudulent because one party undervalued assets or failed to disclose them at all; 2) the agreement was coerced, signed under duress or signed without mental capacity; 3) one party didn't read the document before signing; 4) one spouse was given no time for consideration; 5) the paperwork wasn't properly signed and executed; 6) one party signed without proper legal representation (some states require it); and 7) The agreement is egregiously lopsided or contains invalid provisions such as no child support, frequency of sexual relations, visits by in-laws, etc.

The first step in the process is for the couple to agree on the essential terms of the prenup. Even in draft format, these terms should be in writing so that there is no miscommunication or misunderstanding. If prenup is drafted by a lawyer who is working for one party, it may be one-sided and adversarial and may hurt to process of getting to an agreement.

While prenups are often used to protect the assets of a wealthy fiancée, a couple with children from prior marriages may use a prenup to spell out what will happen to their property when they die, so that they can pass on separate property to their children. Without a prenup, a surviving spouse might have the right to claim a large portion of the other spouse's property, leaving much less for the kids.

Couples with or without children, wealthy or not, may simply want to clarify their financial rights and responsibilities during marriage. Or they may want to specify in advance how their property will be divided and whether or not either spouse will receive alimony (some states won't allow a spouse to give up the right to alimony). Prenups can also be used to protect spouses from each other's debts.

If you don't make a prenuptial agreement, your state's laws determine who owns the property that you acquire during your marriage, as well as what happens to that property at divorce or death. Property acquired during the marriage is known as either marital or community property. State law may even have a say in what happens to some of the property you owned before you were married.

In summary, for a prenup to be effective, the prenup must be: 1) written (oral prenups are not valid); 2) executed voluntarily and without coercion; 3) executed only after full disclosure of assets and/or liabilities; 4) conscionable; 5) executed by both parties, preferably in front of witnesses (or a notary) and 6) written in a recordable format.

Only you can decide if hiring a lawyer is right for you. Check out 12Law.com for listings of lawyers in your neighborhood.
 
Personalize & Print a Free PA Premarital Create This Document
Page 1
Page 2
Page 3
Page 4
Page 5
Page 6
Page 7
Page 8
Page 9
Page 10
Page 11
Related Legal Services near Avella, PA
Diane Baker Law
27 S Arlene St
Harrisburg, PA 17112
(717) 671-9600
Attorneys, Legal Service Plans, Criminal Law Attorneys, Family Law Attorneys, Divorce Attorneys, Rea
Mc Andrews Dennis
30 Cassatt Ave
Berwyn, PA 19312
(610) 648-9300
Attorneys,  Accident & Property Damage Attorneys,  General Practice Attorneys,  Legal Service Plans
Henry Debra L Law Offices
1011 Fells Church Rd
Belle Vernon, PA 15012
(724) 379-9166
General Practice Attorneys,  Attorneys,  Legal Service Plans,  Bankruptcy Law Attorneys
Sabatini Carlo
216 N Blakely St
Dunmore, PA 18512
(570) 341-9000
Bankruptcy Law Attorneys, Attorneys, Legal Service Plans, General Practice Attorneys
Scheidt Jill M
50 E Philadelphia Ave
Boyertown, PA 19512
(610) 326-8940
Accident & Property Damage Attorneys, Attorneys, Criminal Law Attorneys
Meade James R
5 Acorn Ln
Boyertown, PA 19512
(610) 367-8884
General Practice Attorneys
Patterson Cody & Winters
470 Locust St
Columbia, PA 17512
(717) 684-8800
General Practice Attorneys, Attorneys, Criminal Law Attorneys, Legal Service Plans
FitzPatrick Law Group, LLC
1235 Westlakes Drive Suite 295
Berwyn, PA 19312
(610) 400-8766
Attorneys,  Criminal Law Attorneys,  Family Law Attorneys,  Estate Planning, Probate, & Living Tru
Spyra Dennis J
525 Broad Ave
Belle Vernon, PA 15012
(724) 930-8584
Attorneys, Legal Service Plans
Mazzei & Assoc
212 State St
Belle Vernon, PA 15012
(724) 929-8004
Bankruptcy Law Attorneys, Bankruptcy Services, Attorneys
Cummings Glen P
3915 Mount Troy Rd
Pittsburgh, PA 15212
(412) 822-7530
Attorneys Support & Service Bureaus
Glenn P Cummings
3915 Mount Troy Rd
Pittsburgh, PA 15212
(412) 822-7530
Attorneys Referral & Information Service, Attorneys, Legal Service Plans
Murphy Robert J
208 Chestnut St
Dunmore, PA 18512
(570) 343-7444
Attorneys,  Family Law Attorneys,  Estate Planning, Probate, & Living Trusts,  Accident & Property
Orlando Jr Eugene
300 E Philadelphia Ave
Boyertown, PA 19512
(610) 367-7443
Elder Law Attorneys,  Attorneys,  Real Estate Attorneys,  General Practice Attorneys
4 Northshore Assoc
106 Isabella St
Pittsburgh, PA 15212
(412) 359-7390
Attorneys
Banta Lynn
3282 Memorial Hwy
Dallas, PA 18612
(570) 675-7200
Attorneys
Montgomery McCracken Walker & Rhoads LLP
1235 Westlakes Dr Ste 200
Berwyn, PA 19312
(610) 251-7200
Accident & Property Damage Attorneys, Attorneys, Legal Service Plans
Wade Law Office
1211 Monterey St
Pittsburgh, PA 15212
(412) 322-7200
General Practice Attorneys, Attorneys, Legal Service Plans
D'Andrea Joseph R
320 N Blakely St
Dunmore, PA 18512
(570) 207-7113
Criminal Law Attorneys, Attorneys, Legal Service Plans
Attorney William D. Thompson
320 North Blakely Street
Dunmore, PA 18512
(570) 207-7108
Attorneys, Corporation & Partnership Law Attorneys, General Practice Attorneys, Employee Benefits &
Dinello Darrin C
5405 Jonestown Rd Ste 101
Harrisburg, PA 17112
(717) 909-6730
General Practice Attorneys, Attorneys, Legal Service Plans
Mccormick, Doug Travis Law Firm
102 Lorna Ln
Edinboro, PA 16412
(814) 734-6076
Attorneys,  Accident & Property Damage Attorneys,  General Practice Attorneys,  Legal Service Plans,
Kelly Parker & Cohen
5425 Jonestown Rd Suite 103
Harrisburg, PA 17112
(717) 746-6056
Immigration Law Attorneys,  Attorneys,  Criminal Law Attorneys,  Legal Service Plans,  Administrativ
Richardson Jane
1436 Lancaster Ave # 240
Berwyn, PA 19312
(610) 647-5800
Attorneys
12Law.com   |  NASHVILLE, TN USA   |  CONTACT US