Prenuptial Agreements

Montgomery County Prenuptial Agreement Attorneys

Large-Firm Drafting Experience, Focused Exclusively on Family Law

At Shemtob Draganosky Taylor Stein, PC, we approach prenuptial agreements with the same creative document drafting we bring to every family law matter. We prepare agreements that accurately express your intentions and fit your specific circumstances. Our firm is led by Lori K. Shemtob, a Pennsylvania Super Lawyer every year since 2006 and one of only 74 Fellows of the American Academy of Matrimonial Lawyers in Pennsylvania. With over 100 combined years of experience concentrated exclusively on divorce and family law, we serve clients throughout Montgomery County from our Blue Bell, PA office.

We know that discussing a prenuptial agreement before marriage can feel uncomfortable. Negotiating the terms of a potential divorce before you’ve said your vows doesn’t come naturally. But for anyone entering a marriage with a closely-held business or significant assets, the absence of a prenuptial agreement can create more complications down the road.

No two prenuptial agreements are exactly alike. While every agreement contains some standard language, the substance is specific to each couple’s circumstances. That’s why your attorney needs to be both experienced in negotiating these agreements and grounded in Pennsylvania law.

Ready to protect what matters most? Contact us online or call (215) 544-3974 to get started.

What a Prenuptial Agreement Can Cover

A prenuptial agreement is a legal contract between two people anticipating marriage. Under Pennsylvania law, a valid prenup must be in writing and signed voluntarily by both parties before the marriage begins. It takes effect once the couple officially marries. One important limitation: prenuptial agreements cannot set child custody terms or waive child support in Pennsylvania. Courts determine those issues at the time of separation or divorce.

A premarital contract can address several matters, including:

Each spouse’s right to property owned by either party;
The division of assets and debts if the couple divorces or either spouse dies;
Either spouse’s entitlement to spousal support;
Each spouse’s right to buy, use, spend, or sell assets during the marriage;
Each spouse’s rights to the other’s gifts or inheritances;
Management of a family business;
Each spouse’s entitlement to death benefits from the other’s insurance policy; and
Any other matter the couple agrees to.

Pennsylvania Prenuptial Agreement Enforceability

Not every prenuptial agreement holds up in court. Pennsylvania hasn’t adopted the Uniform Premarital and Marital Agreements Act that governs enforcement in many other states, so Montgomery County courts apply Pennsylvania’s own standards when reviewing whether an agreement is valid.

Pennsylvania law requires fair and reasonable disclosure of each party’s assets, debts, and income before signing. Courts may decline to enforce an agreement where one spouse withheld significant financial information. Both parties should also sign well before the wedding. Agreements finalized immediately before a ceremony face greater enforceability challenges.

Several drafting practices can strengthen an agreement’s durability. Having separate legal counsel for each party, or a documented opportunity to consult independent counsel, reduces the risk of a later challenge on voluntariness grounds. Most well-drafted prenuptial agreements also include a severability clause so that if a court invalidates one provision, the rest of the agreement stays in force.

What to Expect During the Drafting Process

We guide clients through each step, from the initial consultation through final execution. The process begins with a careful assessment of each party’s financial situation, assets, debts, and goals. That information shapes everything: we prepare documents tailored to express your intentions, not a generic template.

Once a draft is ready, both parties and their counsel review and negotiate the language. Our attorneys are experienced in that negotiation, not only in drafting. After both sides agree on terms, the document is signed and should be stored safely so it can be produced if it’s ever reviewed or challenged. If circumstances change significantly after the wedding, a postnuptial agreement can address matters the prenup didn’t anticipate.

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I was wary about my rights as a father with my children and concerned about having enough time with them during the week and for holidays and breaks from school. Your help in hammering out a very detailed and fair custody agreement was appreciated more tha

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Who Should Consider a Prenuptial Agreement?

Any couple can enter a prenuptial agreement, and the common assumption that prenups are only for the wealthy, or that having one signals distrust, doesn’t hold up. A prenup is a practical planning tool. Beyond protecting assets in the event of divorce, the process of negotiating one can help partners build the habit of communicating openly about finances before the marriage begins.

A prenup is particularly valuable when one or both parties own a closely-held business, hold significant premarital assets, carry debt they don’t want their spouse to bear, or have children from a prior relationship whose inheritance they want to protect. Those entering a second marriage often use prenuptial agreements specifically to preserve inheritance rights for children from the first. If you want financial clarity going into your marriage, or want to reduce the chance of a drawn-out divorce if things don’t work out, a premarital agreement is worth discussing with a family law attorney. Learn more about the benefits of a prenuptial agreement.

Contact Shemtob Draganosky Taylor Stein, PC for Prenuptial Agreement Services in Montgomery County

A well-drafted prenuptial agreement can reduce the risk of costly property disputes if a marriage ends. Before you sign anything, or agree to your partner’s proposed terms, it’s worth sitting down with a prenuptial agreement attorney who understands what you’re entitled to and what rights you may be waiving.

Contact Shemtob Draganosky Taylor Stein, PC online or call (215) 544-3974 to speak with our Montgomery County prenuptial agreement attorneys.

Frequently Asked Questions

Can a Prenuptial Agreement Address Property Acquired During the Marriage?

A prenup primarily governs assets and debts each spouse brings into the marriage. Property and debts acquired during the marriage are generally subject to Pennsylvania’s equitable distribution rules unless the agreement specifically addresses them. If you want the agreement to reach marital property as well as separate property, that intent needs to be drafted clearly into the document.

Can a Prenuptial Agreement Include Terms About Spousal Support?

Yes. Pennsylvania law allows couples to include spousal support provisions in a prenuptial agreement. If the agreement is later challenged, a court may review those terms for fairness. Drafting support provisions carefully, with guidance from an experienced prenuptial agreement attorney, can reduce the risk that a court will set them aside.

Is There a Deadline for Signing a Prenuptial Agreement in Pennsylvania?

Pennsylvania law doesn’t set a specific deadline, but both parties should sign well before the wedding. Agreements finalized too close to the ceremony can raise questions about whether signing was truly voluntary, and Montgomery County courts may scrutinize them more closely as a result.

What Happens If One Party Didn’t Fully Disclose Their Assets Before Signing?

A court may decline to enforce all or part of a prenuptial agreement if significant financial information was withheld. Fair and complete disclosure of assets, debts, and income by both parties isn’t just good practice. It’s a requirement under Pennsylvania prenuptial agreement law and a core part of an agreement drafted for enforceability.

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Our FAQ

Have questions? We are here to help. Still have questions or can't find the answer you need? Give us a call at 215-544-3974 today!

How long has same-sex marriage been legal in Pennsylvania?

Pennsylvania has recognized same-sex marriages since May 2014 when a U.S. federal district court judge ruled that Pennsylvania’s 1996 statutory ban on the recognition of same-sex marriage was unconstitutional. Before then, Pennsylvania prohibited same-sex marriage and refused to recognize same-sex marriages performed in other states. In June 2015 the U.S. Supreme Court ruled in Obergefell v. Hodges that all states must issue marriage licenses to same-sex couples and recognize same-sex marriages validly performed in other jurisdictions. This significant decision legalized same-sex marriage throughout the United States.
What Should I Do Before Contacting Your Firm?

It can help to gather key documents, such as basic financial records and any existing custody paperwork, and to think about your main concerns and goals. You do not need everything perfectly organized. Our role is to help you sort through information and identify next steps during the consultation.
Are Same-Sex Divorces Treated Differently Under Pennsylvania Law?

Pennsylvania law applies the same divorce and custody standards to same-sex and different-sex spouses. That said, the history of your relationship and parentage can raise unique questions. We pay close attention to those details and advocate for fair treatment of your family within the existing legal framework.

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Reputable & Trusted Family Law Attorneys
Named as a Pennsylvania Super Lawyer each year since 2006, the firm’s founder, Lori K. Shemtob, is a Fellow of the American Academy of Matrimonial Lawyers (AAML) — an esteemed honor held by only 74 family law lawyers in all of Pennsylvania. She served as AAML’s President of the Pennsylvania Chapter from July 2016 through July 2017.
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Our story begins with a group of lawyers who came from big firms with a passion to create a better experience for our clients. Each lawyer's knowledge and experience contribute to innovative strategies in court and settlement negotiations. Our commitment to excellence takes our divorce and family law firm well beyond the ordinary.