Tag: divorce attorney

Why you need a prenup more now than ever. (Jurisdiction matters).

by Jonathan C. Noble, Esq. January 13, 2025

Nobody knows what the future holds. People change. Relationships often falter. People fall out of love. People grow at different stages of life. Sometimes, people make bad decisions about who they marry. Sometimes couples fight about stupid nonsense and forget what is really important in life.

In my many years of practicing divorce and family law, I have seen horrible situations unfold. I have also seen couples peacefully “uncouple”, and go their separate ways. I love it when, at divorce, people treat each other with the respect and dignity they had for each other when they got married. It is rare, but does happen.

Know the law in your jurisdiction.

In jurisdictions that are “prenup friendly”, a prenup can save you tens of thousands of dollars in litigation costs and fees if either spouse files for divorce. Let me be clear, not every jurisdiction is “prenup friendly”. In Canada, many courts have the power to modify prenups to make them more “fair”. In places like Pennsylvania, courts interpret and enforce prenuptial agreements under contract law principles. Pennsylvania courts do not modify prenups or set aside prenups because they are “unfair”. Some states do allow courts to modify prenups or invalidate prenups that are not “fair and reasonable” at inception or “unconscionable at divorce”. Therefore, it is important to know the prenup laws in your jurisdiction BEFORE getting married.

Do NOT draft your own prenup. Hire an experienced family law attorney in your jurisdiction to draft your prenup.

I have NEVER seen a prenup drafted by a non-lawyer that was upheld by the court when properly challenged. There was always some aspect of the non-lawyer drafted prenup (or the execution of the prenup) that rendered the prenup unenforceable. If you are going to put a prenup in place, do it the right way. Hire an experienced family law attorney in your jurisdiction to walk you through the process. A prenup is only as good as its ability to withstand judicial scrutiny when you need it most (at divorce).

Getting married? Let’s talk about a prenup. I welcome your inquiry: (610) 256 4843.

Follow your dreams, not the crowd

by Jonathan C. Noble, Esq. April 22, 2020 3 minute read

Is marriage an outdated concept? This young man seems to be “going his own way”.

Fewer people are choosing marriage.

There is no shortage of information indicating fewer Americans are getting married. Recent studies show that marriage rates have been trending downward for decades. This short article examines some possible reasons why fewer people are marrying.

For many, the focus has turned inward. Self-care, setting personal goals, building wealth, becoming the best version of yourself, enjoying life is the new priority. For many, marriage is simply not a priority or even in the plan.

Many people are shunning conventional social norms regarding marriage and cohabitation. Many more people are establishing and pursuing their own goals and lifestyles, without regard for the norms of past decades. The high rate of non-functioning marriages, the 50%+ divorce rate (for first marriages) and the difficulty of obtaining a divorce have Americans rethinking the concept of marriage.

It is very easy to get married. It can be very difficult to get unmarried. Think before you act. Live intentionally.

Sometimes people enter marriage without properly vetting their future spouse. Untreated mental health disorders and incompatible personality problems are often overlooked and cast aside in the shadow of some people finding their “soulmate”. As a divorce lawyer, I have seen many people who believed that they could “fix” themselves if only they could find a suitable spouse. This almost never leads to a happily-ever-after.

Work hard on yourself. Take excellent care of yourself. Bring the very best version of yourself to the relationship. Insist on nothing less from the other person in your relationship. Live with intention. Marriage cannot and will not “save” you.

If you are coming into my office for a divorce consultation, it is usually too late. If you are thinking about getting married, take your time. Marriage could be one of the most important decisions you will make in your life.

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Every married person has a prenup. Either your own valid prenup or state divorce laws (by default) will control the outcome of your divorce.

by Jonathan C. Noble, Esq. April 16, 2020 3 minute read

If a marriage ends due to divorce, every married person will either be subject to state divorce laws or subject to the terms of their own valid prenuptial agreement.

Either state divorce laws OR your own valid prenup will determine the outcome of your divorce and post-divorce life.

If you think about it, every married person has a prenuptial agreement in place. Smart couples negotiate and enter into their own valid, written prenuptial agreement. It is usually best for each person to choose and to hire an experienced attorney to draft, negotiate and execute a prenuptial agreement. Prenuptial agreements are not a Do-It-Yourself legal matter.

If you get married and the marriage becomes non-functioning, and you have not negotiated and executed your own valid prenuptial agreement, your legal rights and responsibilities will be governed by state divorce laws. So, in other words, without your own valid prenup in place, you will be subject to a “default prenup” also known as state divorce laws.

It takes time to draft and execute a valid prenup. Start the prenup process early.

Thinking about getting engaged? Do not be afraid to initiate the conversation about putting a valid prenup in place. In the event your marriage becomes non-functioning, a valid prenup can save you time and extensive costs in getting through the divorce process. I suggest that prenups be drafted and properly executed BEFORE any wedding plans are made. There should not be any time or other pressures placed on either person during the prenup process. Each person should have legal counsel of their own choosing.

Every person who marries has a prenuptial agreement. Either your own valid prenup or state divorce laws. GOOD NEWS: YOU CHOOSE.

I believe marriage is an important, life-changing consideration. I also believe everyone should be informed about their rights and responsibilities in the event the marriage becomes non-functioning. I invite your inquiry. Feel free to contact me at jonathancnobleesq at gmail.com or give my office a call (610) 256 4843. I look forward to hearing from you.

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A short video explaining how state divorce law becomes your “premarital agreement” if you do not execute your own valid premarital agreement.