Prenuptial and Postnuptial Agreements
Pennsylvania’s policy for families is “The family is the basic unit in society and the protection and preservation of the family is of paramount public concern” 23 Pa.C.S.A § 3102 Pennsylvania prefers that families work things out and encourages settlement. However, Pennsylvania’s legislature understands the reality and hard work it takes for married couples to stay together, so in Pennsylvania before of during marriage, one can get a Prenuptial or Postnuptial Agreements.
The Prenuptial or Postnuptial Agreements is based on contract law. In its simplest form, a contact is an offer, acceptance of the offer, consideration, plus defenses [defenses that make parts of contract void or voidable] equal a contract. The parties can enter into any legal contract for whatever as long as the contract is freely, knowingly, and voluntarily entered into, with no duress, fraud or coercion. Also, all marital assets, financial obligation must be disclosed, or intelligently, freely, and knowingly waived. Hence, the parties as long as they are competent can freely enter into a Prenuptial or Postnuptial Agreement.
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