Created by FindLaw's team of legal writers and editors | Last reviewed May 18, 2018
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While there's nothing less romantic than being handed a prenuptial (or premarital) agreement 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.
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" evidence is required). It should be noted that the Keystone State has not adopted the Uniform Prenuptial Agreement Act (which has been adopted by more than half of U.S. states).
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.
Statute |
Pennsylvania Statutes Title 23 Pa.C.S.A. Domestic Relations Section 3106 |
Statutory Definition of "Premarital Agreement" |
The term "premarital agreement" means an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage. |
Issues a Premarital Agreement May Address |
In Pennsylvania, a premarital agreement may address any of the following matters:
However, prenuptial agreements in Pennsylvania may not address any of the following: |
Modification and Revocation |
Premarital agreements may be modified or revoked only through mutual agreement of the terms under consideration. |
Unenforceable Prenuptial Agreements |
Premarital agreements in Pennsylvania typically will be enforced unless either party is able to prove:
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Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
As you can see, whether you need a prenuptial (or premarital) agreement depends solely on your particular situation. But even if makes sense for you, it's important to fully understand what it is you're signing. Before you sign a prenup, you should consider meeting with a Pennsylvania family law attorney with experience in this area.
Contact a qualified attorney.
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