12Law Arrow 12Law Arrow  Easy Questions  
12Law Arrow 12Law Arrow Instant Legal Documents

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 Hereford, PA

Do I Need a Lawyer for a Prenuptial Agreement in Hereford, 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 Hereford, PA
Spohn Robert D Attorney
277 W Main St
Saxonburg, PA 16056
(888) 321-9814
Attorneys, Litigation & Tort Attorneys
Antoniono James R
87 2nd St
Leechburg, PA 15656
(724) 845-8339
Attorneys,  Accident & Property Damage Attorneys,  Wills, Trusts & Estate Planning Attorneys,  Lega
Eveler Kristine K
2997 Cape Horn Rd Ste B6
Red Lion, PA 17356
(717) 246-8000
Corporation & Partnership Law Attorneys, Attorneys, Business Law Attorneys, Legal Service Plans
Fetter McDermott
2467 State Route 405
Muncy, PA 17756
(570) 601-6636
Social Security & Disability Law Attorneys,  Attorneys,  Criminal Law Attorneys,  Family Law Attorne
Woomer & Hall LLP
103 Gardner Ave
Lemont Furnace, PA 15456
(724) 437-6203
Corporation & Partnership Law Attorneys, Attorneys, Legal Service Plans, Employee Benefits & Worker
Layne R Oden PC
9 S Main St
Muncy, PA 17756
(570) 546-6080
Attorneys, Wills, Trusts & Estate Planning Attorneys, Real Estate Attorneys, Legal Service Plans
Layne R. Oden Attorney and Counselor At Law, P.C.
9 S Main St
Muncy, PA 17756
(570) 546-5188
Wills, Trusts & Estate Planning Attorneys, Attorneys, Real Estate Attorneys
Williams & Smay Attorneys
39 S Main St
Muncy, PA 17756
(570) 546-5043
Williams & Smay Attorney
39 S Main St
Muncy, PA 17756
(570) 546-5043
Shearer Robert Attorney
4536 Melwood Rd
Leechburg, PA 15656
(800) 537-4934
Walters Pamela H
277 W Main St # 654
Saxonburg, PA 16056
(724) 352-4905
Attorneys, Wills, Trusts & Estate Planning Attorneys, General Practice Attorneys, Estate Planning At
Wilson Lloyd
822 Saxonburg Blvd
Saxonburg, PA 16056
(724) 352-4514
General Practice Attorneys, Attorneys
Laucks David M
105 W Broadway
Red Lion, PA 17356
(717) 244-3272
Probate Law Attorneys, Attorneys, Wills, Trusts & Estate Planning Attorneys
Grossman Jan C PHD
3907 Newportville Rd
Levittown, PA 19056
(215) 785-0313
Attorneys, Mediation Services, Arbitration Services
Fioravanti & Knight
2750 Trenton Rd
Levittown, PA 19056
(215) 949-0308
Attorneys, Criminal Law Attorneys, General Practice Attorneys, Legal Service Plans
Hartshorn Laurel B
254 W Main St
Saxonburg, PA 16056
(724) 352-0001
Elder Law Attorneys,  Attorneys,  General Practice Attorneys,  Bankruptcy Law Attorneys
12Law.com   |  NASHVILLE, TN USA   |  CONTACT US