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Memo Unit 3 Pa 250 Family Law

In:

Submitted By jramos914
Words 349
Pages 2
TO: Supervising Attorney
From: Jennifer A. Ramos
This memo is on prenuptial agreements and their utilities.
The Uniform Premarital and Martial Agreement Act (UPMAA) is a Uniform Act drafted in 1983 by the National Conference of Commissioners on Uniform State Laws (NCCUSL, 2012). Pennsylvania has not adopted the UPMAA.
In Pennsylvania the requirements for a prenuptial agreement are as follows:
• It must be a written agreement;
• Both parties must execute the document voluntarily;
• Both parties must be provided fair and reasonable disclosure of their property and/or financial obligations;
• Both parties must have full knowledge of the obligations for each party regarding property and finances; and
• The agreement is to be executed by the marriage date. (Pa Cons. Stat. § 3106).
A prenuptial agreement in Pennsylvania must be a written agreement, it cannot be verbal. The agreement must also be signed by both parties voluntarily, with a witness and a notary public; this must be done before the marriage is commenced. Both parties in the agreement must be in full knowledge of all financial and property decisions that are made in the agreement; nothing can be added after it is signed, unless there is a legal amendment.
Prenuptial agreements should not be compulsory. Prenuptial agreements should be spoken about beforehand and should either be agreed upon or disagreed upon. Making a decision like that is something you will be done together for the rest of your life, given the marriage lasts. It would be unfair to parties that do not need a prenuptial agreement to get one.
There are some advantages and some disadvantages to having a prenuptial agreement. The advantages are it helps protect money, property and feelings. When people get divorced there is usually at least one spiteful spouse and if they are children involved they will be the ones directly affected. A prenuptial agreement allows a divorce to be more organized and less spiteful. This plan was laid out before someone was angry or hurt. I really do not think there is a disadvantage to a prenuptial agreement; it just is not right for some people.

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