{"id":376085,"date":"2018-05-09T11:08:26","date_gmt":"2018-05-09T16:08:26","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/pennsylvania-law\/prenuptial-agreements-in-pennsylvania.html"},"modified":"2018-05-18T01:17:14","modified_gmt":"2018-05-18T06:17:14","slug":"prenuptial-agreements-in-pennsylvania","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/pennsylvania-law\/prenuptial-agreements-in-pennsylvania.html","title":{"rendered":"Prenuptial Agreements in Pennsylvania"},"content":{"rendered":"\n
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Prenuptial Agreements in Pennsylvania<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last reviewed\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

While there's nothing less romantic than being handed a prenuptial (or premarital) agreement<\/a> before walking down the aisle, it underscores the fact that marriage is itself a contractual relationship. Sure, love brought you together. But clear-minded pragmatism will help ensure a long and happy marriage, which in some cases may require a prenup. For instance, someone with a family business may want to reassure relatives that her marriage will not jeopardize ownership or management of the company should it end in divorce.<\/p>\r\n

In Pennsylvania, premarital agreements are presumed to be valid unless one of the parties is able to prove that there was a lack of full and fair disclosure. For instance, one of the parties may have deliberately failed to disclose that he owns $500,000 worth of stock in order to hide that asset. But proving this failure to disclose is fairly difficult in Pennsylvania, as established through case law ("clear and convincing<\/a>" evidence is <\/a>required). It should be noted that the Keystone State has not adopted the Uniform Prenuptial Agreement Act<\/a> (which has been adopted by more than half of U.S. states).<\/p>\r\n

Pennsylvania Prenuptial Agreements: The Basics<\/h2>\r\n

Should you or shouldn't you sign that prenup? Your partner may have a very good reason for wanting a premarital agreement, but it's important to understand what they actually do. While an attorney can best understand the finer points of state law, the following "plain English" summary will help you be better informed.<\/p>\r\n\r\n

Statute<\/b><\/p>\r\n<\/td>\r\n

Pennsylvania Statutes Title 23 Pa.C.S.A. Domestic Relations Section 3106<\/a><\/p>\r\n<\/td>\r\n<\/tr>

Statutory Definition of "Premarital Agreement"<\/b><\/p>\r\n<\/td>\r\n

The term "premarital agreement<\/b>" means an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage.<\/p>\r\n<\/td>\r\n<\/tr>

Issues a Premarital Agreement May Address<\/b><\/p>\r\n<\/td>\r\n

In Pennsylvania, a premarital agreement may address any of the following matters:<\/p>\r\n

Modification and Revocation<\/b><\/p>\r\n<\/td>\r\n

Premarital agreements may be modified or revoked only through mutual agreement of the terms<\/b> under consideration.<\/p>\r\n<\/td>\r\n<\/tr>

Unenforceable Prenuptial Agreements<\/b><\/p>\r\n<\/td>\r\n

Premarital agreements in Pennsylvania typically will be enforced unless either party is able to prove:<\/p>\r\n

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  1. One of the spouses was coerced into signing or otherwise didn't enter into the contract voluntarily; or<\/li>\r\n
  2. The agreement is unconscionable<\/a> because:<\/li>\r\n<\/ol>\r\n