Family · Prenuptial agreement
Prenuptial Agreement Requirements in Pennsylvania
What makes a prenuptial agreement valid and enforceable in Pennsylvania: the writing and signature, the voluntariness rule, the financial disclosure each side must give, and what gets a prenup thrown out. Cited to the statute.
What makes a prenuptial agreement valid in Pennsylvania
The writing and signature, voluntariness, and financial disclosure a court looks for before it will enforce a prenup.
Prenuptial agreement enforceability turns on the specific facts and on evolving case law, and Pennsylvania courts scrutinize how the agreement was signed. Confirm the current text of 23 Pa.C.S. section 3106 and the line of cases following Simeone v. Simeone before relying on this.
| What makes a prenup valid | What it means |
|---|---|
| In writing and signed | A premarital agreement in Pennsylvania is a written contract between prospective spouses made in contemplation of marriage and effective on marriage. It must be in writing and signed by the parties. |
| Signed voluntarily | Under 23 Pa.C.S. section 3106, a party can void the agreement only by proving, among other things, that the party did not execute it voluntarily. Voluntary signing is central to enforceability. |
| Full and fair financial disclosure or a written waiver | Each party must have received a fair and reasonable disclosure of the other’s property and financial obligations, or have expressly waived that disclosure in writing, or already have had adequate knowledge of the other’s finances. Disclosure, not fairness of the terms, is what Pennsylvania checks. |
| Free of fraud, misrepresentation, and duress | Under Simeone v. Simeone, absent fraud, misrepresentation, or duress, the parties are bound by their agreement. Those are the defenses that can undo it. |
| What makes a prenup unenforceable | What it means |
|---|---|
| Signed involuntarily or under duress | If the challenging party proves by clear and convincing evidence that the agreement was not signed voluntarily, or was signed under duress, it is unenforceable. Presenting the agreement on the eve of the wedding with no chance to review can support that claim. |
| No full and fair disclosure and no waiver | The agreement can be set aside if the party was not given a fair and reasonable disclosure of the other party’s finances, did not waive disclosure in writing, and did not otherwise have adequate knowledge of those finances. |
| Fraud or misrepresentation | Fraud or misrepresentation, such as hiding assets or lying about finances, is a defense. The challenger must prove it by clear and convincing evidence. |
| Child support and custody terms | Parents cannot bargain away a child’s right to support or fix custody through a premarital agreement. Child support and custody are decided by the court in the child’s best interest. |
What you can do right now
Concrete, neutral steps to sign a prenup that will hold up in Pennsylvania. This is legal information, not legal advice.
- Put it in writing well before the wedding
Have the agreement drafted in writing and signed with time to spare before the wedding, because Pennsylvania courts look closely at whether the signing was voluntary and free of duress.
- Exchange full financial disclosure
Both people should exchange a complete and honest statement of assets, debts, and income, and attach it to the agreement. Full and fair disclosure is the core of a valid Pennsylvania prenup.
- Each person should use independent counsel
Pennsylvania does not require separate lawyers, but each party using independent counsel helps show the signing was voluntary and free of duress, which is the main way these agreements are attacked.
A prenuptial agreement decides property and support if a marriage ends, and a court will scrutinize how it was signed. A licensed family-law attorney can draft or review one; the state bar can refer you to one.
→ Pennsylvania Bar Association, Find a LawyerThis is general legal information, not legal advice. Enforceability turns on the exact statute, the case law, and how the agreement was signed, so confirm the current requirements against the statute and talk to a lawyer.
What couples in Pennsylvania get wrong about prenups
Pennsylvania is not a Uniform Premarital Agreement Act state. Premarital agreements are governed by 23 Pa.C.S. section 3106 together with the Supreme Court of Pennsylvania decision Simeone v. Simeone, 581 A.2d 162 (1990). The agreement must be a written contract made in contemplation of marriage, and under section 3106 the party trying to escape it must prove, by clear and convincing evidence, either that the agreement was not signed voluntarily, or that there was no fair and reasonable disclosure of the other party’s finances, no written waiver of disclosure, and no adequate knowledge of those finances. The defining feature of Pennsylvania law comes from Simeone: courts apply ordinary contract principles and do not review whether the terms of the bargain are reasonable. As long as there was full and fair financial disclosure and no fraud, misrepresentation, or duress, a Pennsylvania court will enforce the agreement even if it is very one-sided. Parents still cannot use a prenup to decide child support or custody, which the court controls in the child’s best interest. This is legal information, not legal advice.
Common questions
Does a prenuptial agreement have to be notarized in Pennsylvania?
Pennsylvania law does not make notarization the test of validity. What matters under 23 Pa.C.S. section 3106 is a written agreement signed voluntarily after full and fair financial disclosure or a written waiver. Many couples still notarize the document as a matter of practice.
Can a Pennsylvania prenup decide child support or custody?
No. Parents cannot bargain away a child’s right to support or fix custody through a premarital agreement. Child support and custody are decided by the court based on the child’s best interest.
What makes a prenuptial agreement unenforceable in Pennsylvania?
A party must prove by clear and convincing evidence that the agreement was signed involuntarily, or that there was no fair and reasonable financial disclosure and no written waiver. Fraud, misrepresentation, or duress is also a defense.
Do both people need their own lawyer for a Pennsylvania prenup?
Under Simeone v. Simeone separate lawyers are not required, and courts do not review the fairness of the terms. Still, each party using independent counsel helps show the signing was voluntary and free of duress.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.