There is an old saying associated with the medical profession that goes "an ounce of prevention is worth a pound of cure." The same may be said in the legal profession when it relates to getting married. The attorneys of Notaro & Associates, P.C. are ready and experienced to assist you in preparing a prenuptial agreement that suits your marriage.
Prenuptial Agreements
Where one or both of the individuals entering into a marriage have significant funds prior to the marriage, or in a case where one individual has an income that is significantly higher than the other, a PA family lawyer might advise either or both of the individuals to enter into a Prenuptial agreement. If the couple later divorces, prenuptial agreements are generally upheld. In some cases, such as those where fraud or misrepresentation existed when the prenuptial agreement was being created, or there was a lack full and fair disclosure of financial assets when the parties entered into the agreement, a prenuptial agreement can be contested. Surprisingly, in many cases, the reasonableness of the agreement is not relevant.
Marriage and Engagement
In Pennsylvania, there are generally two things required to get married: one is a license; the other is a ceremony. Generally, the ceremony must be conducted by clergy or civil officers empowered to administer oaths. Pennsylvania is one of the few states left that sometimes also recognizes the common law marriage. Caselaw seems to say that a male and a female must actually exchange vows to each other in the present tense, as well as hold themselves out to their community as married in order to have a common law marriage.
Engagements
Currently the caselaw in the Commonwealth of Pennsylvania seems to say that an engagement ring is a "Conditional gift". A conditional gift is one that a person gives with the expectation of receiving something in return. Although you really can't sue an individual solely for breaking a promise to marry you, in the case of an engagement ring, if a marriage does not occur, in many situations, the giver of the ring is entitled to get his (or her) engagement ring back. This is often but not always the case.
Learn More During a Free Initial Phone Consultation
If you have more questions about our prenuptial agreements, the law firm of Notaro & Associates, P.C. invites you to schedule a free initial phone consultation with an attorney at the firm to discuss your circumstances. Call 412-281-1988 or contact the firm online any time.
