Category: Prenuptial Agreements

Statutory Share for Surviving Second Wife Trumps Intervivos Trust Formed before Marriage

January 14, 2016 | Blog, Court Decisions, Divorce, Prenuptial Agreements

Icon for author Brian Vertz Brian Vertz

The Superior Court addressed a novel question in Trust under Deed of David P. Kulig, 2015 PA Super 271 (December 24, 2015), a dispute between the second wife of a decedent and the children of his first wife. The decedent David Kulig formed a revocable trust while married to his first wife Joanne, providing that his children would receive the principal balance of the trust upon his death if Joanne […]

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Do you need a prenup to deal with frozen eggs?

July 23, 2015 | Blog, Prenuptial Agreements

Icon for author Brian Vertz Brian Vertz

Women and their parenting partners who are contemplating in vitro fertilization (IVF), zygote intrafallopian transfer (ZIFT), surrogacy and other alternative reproductive techniques (ART), should seriously contemplate their need for a pre- or post-nuptial agreement or cohabitation agreement, in order to determine how the frozen embryos will be used, stored or disposed in the event of a divorce or breakup.  IVF is a fertility treatment in which sperm and eggs are combined […]

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Same-Sex Couples Need Prenups before Marriage

July 15, 2015 | Blog, Prenuptial Agreements

Icon for author Brian Vertz Brian Vertz

Same-sex couples who are getting married after spending many years in committed relationships may need prenuptial agreements even more than new couples who are just starting out.  That’s the conclusion I’ve reached after contemplating the ramifications of the U.S. Supreme Court’s recent decision in Obergefell v. Hodges, ___ U.S. ____ (June 26, 2015). In Obergefell, the U.S. Supreme Court held that all Americans have a fundamental right, protected by the U.S. Constitution, […]

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Prenup Interpretation is Controlled by Context

January 20, 2014 | Blog, Court Decisions, Prenuptial Agreements

Icon for author Brian Vertz Brian Vertz

A non-precedential decision of the Superior Court, Morabito v. Morabito, No. 878 WDA 2013 (January 17, 2014) might provide a little window into the minds of our judiciary when interpreting prenuptial agreements.  The marriage in this case lasted nearly twenty years before the wife filed a complaint in divorce.  Wife initially challenged the validity of the prenup, but soon conceded that it was valid and enforceable. What Husband and Wife […]

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