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Ensuring Enforceable Contracts in Family Law Cases: Lessons from a Notable 2023 Case

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In family law cases, contracts are crucial in defining the rights and responsibilities of the parties involved. Whether it’s a prenuptial agreement, a surrogacy contract, or a co-parenting arrangement, having a legally binding contract is essential to avoid potential disputes down the road.

Of course, incomplete or “casual” deals happen every day, and unfortunately, many of them can go awry due to misunderstandings, lack of specificity, or inaccurate or incomplete documentation. In a notable case from 2023, Petrelli Previtera, LLC attorneys successfully argued before the Pennsylvania Superior Court that highlighted the importance of contract law and legally binding contracts in family law cases. The case involved a same-sex marriage and the request by a non-biologically related spouse to be recognized as a legal parent to a child conceived via in vitro fertilization.  The child was not yet born when the request in the form of a Petition for Pre-Birth Establishment of Parentage was filed and brought before the Court of Common Pleas of Philadelphia County.  There were procedural issues raised on appeal, but the case was decided on “contract principles.”

The trial court and the Superior Court of Pennsylvania made their determinations based on whether an enforceable contract existed between the spouses for the non-biologically related spouse to have the legal rights of a parent to the unborn child.  Both courts reviewed the language of third-party contracts with a sperm donation agency, an IVF clinic, and a law firm hired to handle the adoption of the child once born. The contract with the sperm donation agency specifically recognized only the biologically related spouse as the legal parent to the child.  The contract with the in vitro fertilization agency did not contain language that specifically identified the non-biologically related spouse as a legal parent without the need for formal adoption. The contract with a law firm to provide services for formal adoption clearly indicated that although adoption was considered once the child was born, the legal adoption never took place, and the contract for the adoption became null and void by its terms once the parties’ marital status changed.  The parties separated, and a divorce action was filed before the child was born.  With only a divorce complaint before it requesting the entry of a divorce decree and no other relief requested, the non-biologically related spouse petitioned to have her status confirmed as a legal parent to the unborn child.

The Pennsylvania Superior Court ruled that there was no valid contract because adoption was always anticipated, and the contract was not specific enough under contract law to provide the non-biologically related spouse with rights as a legal parent. This decision reversed the earlier decision of Judge Sulman of the Court of Common Pleas of Philadelphia County and highlighted the importance of having specific, legally binding contracts in family law cases, especially for same-sex parents.

So, what can we learn from this case? It underscores the need to ensure that contracts in family law cases are legally binding and accurately reflect the parties intentions. Here are some key points to remember:

  1. Understanding the Elements of a Legally Binding Contract: Contracts must meet certain requirements, including offer, acceptance, consideration, legal capacity, and intent. It is crucial to ensure that all essential elements are present in a contract to make it legally binding.
  2. Reviewing and Updating Contracts: It’s important to review contracts thoroughly to ensure that all terms and conditions are documented. Any missing terms or clauses should be addressed promptly to avoid discrepancies or omissions.
  3. Seeking Legal Advice: Family law cases can be complex, and it’s always advisable to seek legal advice to ensure that contracts are legally binding and protect the parties’ interests. An experienced family law attorney can provide valuable guidance and help draft enforceable contracts.
  4. Being Specific and Clear: Contracts should be drafted with clarity and specificity to avoid misunderstandings or misinterpretations. Ambiguity in contract language can lead to disputes and legal challenges.

In conclusion, creating enforceable contracts is crucial in family law cases to avoid potential disputes and protect the rights and interests of all parties involved. Understanding the elements of a legally binding contract, seeking legal advice, reviewing and updating contracts, and ensuring clarity and specificity in contract language is essential to ensure that contracts are legally binding and work effectively for all parties involved.

Family law cases, such as surrogacy agreements, co-parenting arrangements, and prenuptial agreements, require careful attention to detail regarding contract drafting. Incomplete or casual deals can result in misunderstandings, incorrect documentation, or overlooked aspects, leading to legal complications and disputes.

The 2023 case was won on appeal in the Pennsylvania Superior Court, highlights the deficiencies and dangers of leaving to chance the true intentions of both parties and, therefore, the correct reliance upon a reviewing court of the clear identification in the paperwork of only one party being a legal parent to a child without the need for formal adoption.  This ruling emphasized the importance of having clear and comprehensive contracts in family law cases to avoid such legal challenges.

This highlights the need for parties involved in family law cases to be diligent in ensuring that all terms and conditions are accurately documented in their contracts and all terms and intentions are clearly and specifically addressed.

To avoid potential issues with contract enforceability in family law cases, seeking legal advice is crucial. An experienced family law attorney can provide valuable guidance in ensuring that contracts meet all legal requirements and protect the rights and interests of the parties involved. They can also assist in reviewing and updating contracts as needed to ensure that they accurately reflect the parties intentions and comply with relevant laws.

In conclusion, this 2023 case serves as a reminder of the importance of legally binding contracts in family law cases that reflect the clear intentions of the parties. Parties involved in such cases must be diligent in understanding the elements of a legally binding contract, seeking legal advice, reviewing and updating contracts, and ensuring clarity and specificity in contract language. Properly drafted and executed contracts can prevent potential disputes and legal challenges, leading to a smoother and more successful outcome for all parties involved.

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Here's what our clients have to say about working with us. Please note, results may vary based on individual circumstances.

Melinda Previtera, Esq. came highly recommended to our family. Her knowledge base, professionalism, and compassion paved the way for a successful outcome. Melinda is efficient, detailed, and informative. She helps manage expectations, and postures her client for a fair and equitable result. We are happy to recommend Melinda!

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My marriage life has been a hell for me for the past four years until I decided to put an end to what has to be ended. Choosing a lawyer was another additional stressful part of the long process. I’m so glad that I’ve found the right one for me at Petrelli Previtera. Life isn’t always fair, but at least having her in my corner, felt even better. I couldn’t recommend her highly enough!

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