Engagements
Currently the caselaw in the Commonwealth
of Pennsylvania seems to say that an engagement ring is a “Conditional
gift”. A conditional gift is one that a person gives with
the expectation of receiving something in return. Although you
really can’t sue an individual solely for breaking a promise
to marry you, in the case of an engagement ring, if a marriage
does not occur, in many situations, the giver of the ring is entitled
to get his (or her) engagement ring back. This is often but not always the case.
Prenuptial Agreements
Where one or both of the individuals
entering into a marriage have significant funds prior to the marriage,
a PA family lawyer might advise either or both of the individuals
to enter into a Prenuptial agreement. If the couple later divorces,
prenuptial agreements are generally upheld. In some cases, such
as those where fraud or misrepresentation existed when the prenuptial
agreement was being created, or there was a lack full and fair
disclosure of financial assets when the parties entered into the
agreement, a prenuptial agreement can be contested. Surprisingly,
in many cases, the reasonableness of the agreement is not relevant.
Marriage
In Pennsylvania, there are generally
two things required to get married: one is a license; the other
is a ceremony. Generally, the ceremony must be conducted by clergy
or civil officers empowered to administer oaths. Pennsylvania
is one of the few states left that sometimes also recognizes the
common law marriage. Caselaw seems to say that a male and a female
must actually exchange vows to each other in the present tense,
as well as hold themselves out to their community as married in
order to have a common law marriage.
Contrary to many myths (i.e., the
“seven year rule”) There is generally no minimum period
of cohabitation to be considered married!
For more information on your rights
concerning engagements, prenuptial agreements, common law marriages or any other matrimonial law issue please contact Pittsburgh PA
prenuptial agreement lawyer Bethany
L. Notaro, Esquire.
