What Is a Pennsylvania Prenuptial Agreement?
A Pennsylvania prenuptial agreement (or premarital agreement) is a contract used to protect the financial and property interests of two parties before they marry. It addresses specific concerns of both spouses, such as:
- Property ownership
- Spousal support
- Inheritances
Terms of the prenuptial agreement apply throughout the marriage and after divorce. Pennsylvania law allows prenuptial agreements when parties enter them voluntarily and knowingly.
How to Write a Prenuptial Agreement in Pennsylvania
To draft a premarital agreement, gather information concerning both parties’ financial assets and property.
- Note identifying information: Include each party’s legal name and current address. If either party has a previous marriage or children from a past relationship, document the details.
- Outline property divisions: Explain how you prefer to divide property if the marriage dissolves. Include specifications for property acquired before and during the marriage.
- Determine business ownership: Share how you want to divide ownership for businesses started before or during the marriage.
- Identify debts: Provide a listing of each party’s current debts. Explain whether you’ll combine ownership for debts or divide responsibility for repayment. You may also provide for distribution of future debts acquired during the marriage.
- Select tax filing: Specify whether you’ll file income taxes jointly or separately.
- Define marital home arrangements: Determine how you’ll divide real property, such as the marital home. You can add more clauses, like who handles household chores or pays the mortgage or rent.
- Specify spousal support: Decide who receives spousal support if the marriage ends. Both parties can waive spousal support if they prefer to.
- Sign the agreement: Thoroughly read the Pennsylvania prenuptial agreement before signing it. Notarizing the agreement isn’t legally required by state law, but it does help prove the document’s authenticity.
Sample Pennsylvania Prenuptial Agreement
Below, you can view a sample Pennsylvania prenuptial agreement. Use our document editor to customize this template and then download in PDF or Word format.
Legal Requirements in Pennsylvania
Pennsylvania law enforces premarital agreements under standard contract laws. Unlike some other states, it doesn’t have a separate statute for prenuptial agreements. However, Title 23 of the Pennsylvania Consolidated Statutes, Section 3106 does provide guidance on when a premarital agreement will be set aside or enforced. Follow these guidelines for a legally compliant document.
Signing
Both parties must sign the prenuptial agreement before getting married for it to be valid. Consider having a notary witness the signing to provide an extra layer of security.
Voluntariness
Under 23 PA Cons Stat § 3106, Pennsylvania courts will not recognize a premarital agreement as valid if one party uses duress or coercion, or did not receive a full and fair disclosure of the other party’s financial condition, unless disclosure is expressly waived.
Enforceability
Pennsylvania only recognizes written prenuptial agreements signed willingly and knowledgeably by both parties. The agreement becomes effective on the marriage date.
A prenuptial agreement won’t be enforceable if the parties never marry.
Financial Disclosure
The state expects each party to provide a financial disclosure to meet Pennsylvania’s knowledge requirement in a prenuptial agreement, as per 23 PA Cons Stat § 3106. Included within the disclosure are:
- Currently owned property, such as real estate and investments
- Outstanding debts, including credit cards and loans
- Other financial obligations or assets
Without a disclosure, either party may ask a court to deem the agreement unenforceable. However, both parties may voluntarily waive their rights in writing to a financial disclosure. If that’s the case for your agreement, a court may still consider it effective.
Excluded Terms
A prenuptial agreement may cover financial and property interests, but it can’t address child custody or support. If the marriage ends, use a divorce agreement to settle child support and custody matters.
Attorney Representation
In Simeone v. Simeone – 525 Pa. 392, 581 A.2d 162 (1990), a Pennsylvania court found a premarital agreement valid even though a spouse didn’t seek an attorney’s guidance before signing it. The finding aligns with Pennsylvania’s contract laws, which don’t require parties to obtain legal counsel before entering an agreement.
Though Pennsylvania doesn’t require prenuptial agreements to undergo an attorney’s review, consider seeking legal guidance to safeguard your rights.
Spousal Support Waivers
Pennsylvania allows premarital agreements to include specifications for future spousal support. You may set spousal support amounts or waive them entirely if the marriage ends in a divorce.
Modifications and Sunset Clauses
Neither party can modify a Pennsylvania premarital agreement after the marriage date. If you want to change any document terms, do so before you get married or create a postnuptial agreement following the marriage. Make sure you and your future spouse sign off on the modifications beforehand.
You may include a sunset clause that voids the agreement after a specific time period. If included, the prenuptial becomes invalid after the day of your choosing.
Married couples may also use a Pennsylvania postnuptial agreement to protect financial assets and property in the event of a divorce.
Marital vs. Separate Property
In the event of a divorce, without a premarital or other agreement, Pennsylvania uses equitable division laws to divide marital property between spouses. If you want to treat specific property differently, then outline your wishes in the agreement.
You can use the prenuptial agreement to define the parameters for non-marital and marital property.
