Legal Question in Family Law in Pennsylvania

Re: marriage advice

A prenuptial agreement is a contract between spouses-to-be which may serve any of many purposes. It might be to protect and provide for children from a previous marriage, to protect a family business, to protect separate assets acquired before or during marriage, to define proposed contributions to expenses during marriage, to prevent lengthy divorce litigation, to waive support or other economic rights or any number of other reasons. It therefore is important, as with any contract, that the terms be specific to the purposes of the parties. For this reason you should consult an attorney to draft the document.

In addition, it is important that both spouses be thoroughly advised of the rights they would have without a prenuptial agreement, in order that he or she may make an informed decision as to whether the agreement is necessary, or whether it is in the party's interest. An agreement is not valid without full disclosure and understanding by each parties of their rights under their agreement in comparison with their prospective rights without the agreement.

There are also certain rights of surviving spouses, such as certain retirement or pension accounts, that require more than a prenuptial agreement to waive.

As to child support, the stepfather of children from a new spouse's previous marriage is not obligated to their support. Your marriage may be a factor in another way, however, if it either 1) lessens the living expenses of your spouse in the support calculations when determining the amount of support owing from the children's father, or;

2) in the event of divorce, your spouse's living expenses are increased by her children and therefore she is in need of more support from you.

The preparation of an enforcable prenuptial agreement is not really a do-it-yourself legal endeavor.

If you wish to discuss this further you should contact an experienced attorney near you, or call my office at (215) 444-0445 and speak to Judy about arranging a consultation.

I wish you the best.

Ilene Young, Esquire/ Civil & Family Practice 215-444-0445

As you are not a client of our firm, discussion of the above topic is provided for informational purposes only and does not constitute legal advice. Applicability of the legal principles discussed may differ substantially in individual situations, different counties, or in different states. If you have a specific concern or legal problem, do not rely on these materials. Be sure to seek the advice of an attorney about your particular situation and facts.