Congratulations on your upcoming marriage! You undoubtedly have a long you plan to undertake to make your wedding unique. Surprisingly, most couples spend hours planning a wedding ceremony and reception they believe reflect their relationship, but spend little or no time planning the personal and financial obligations and objectives of their life together. Increasingly, couples are choosing to formally define by mutual agreement and formalize what their marriage will mean legally and financially.

If the legal definition of the rights and duties that come with the marriage are not spelled out in by the couple in an written agreement or contract, they arise by “default” under the law of the state where the couple resides. A good marriage contract is NOT about giving up rights, it is about defining rights and duties (objectives an obligations) that suit the circumstances of the marriage partners. This is particularly helpful where the partners have children and other obligations from past relationships.

Marriage contracting begins with thoughtful considerations of “what if” situations with both partners expressing their ideas. This exchange will be educational and may avoid conflict later. Rebecca’s clients (whether the one partner employs her as an attorney or both parties employ her as a mediator) are given a questionnaire to fine tune intents and objectives through sharing and discussion. You may add provisions in your contract that Pennsylvania law would not provide just as you may eliminate some the law would provide. The bride and groom will exchange personal financial information, such as account statements, tax returns and other relevant information. The negotiation and drafting process is both an emotionally challenging and empowering experience. It takes time.

There is no strict rule regarding the time for signing a prenuptial agreement or marriage contract. Start this process as soon as you decide to marry. Allow four to six months to discuss frankly together your objectives and desires, exchange information, receive legal advice, negotiate (with or without a mediator) and have the formal agreement prepared and signed. This time frame permits intelligent review and discussion without feeling pressured by an impending wedding ceremony and leaves the months before the wedding free for the many details involved in the ceremony, reception and honeymoon.

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