Updated May 17, 2023
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A Pennsylvania prenuptial agreement is a contract between an engaged couple that describes how their assets will be divided should the marriage dissolve. Prenuptial agreements put emphasis primarily on the financial rights of each party, the division of property, and spousal support obligations after divorce. Certain matters which are typically unenforceable after marriage include child support and child custody terms, and the regulation of domestic affairs (e.g., religious beliefs, lifestyle choices). The agreement will become effective once the couple marries and will be enforceable upon divorce or the death of a spouse.
Laws
- § 3106 – Premarital agreements
Case – Simeone v. Simeone – 525 Pa. 392, 581 A.2d 162 (1990)
Prenuptial agreements are contracts, and, as such, should be evaluated under the same criteria as are applicable to other types of contracts. See Geyer, 516 Pa. at 508, 533 A.2d at 431 (“These agreements are nothing more than contracts and should be treated as such.” (Nix, CJ. dissenting)). Absent fraud, misrepresentation, or duress, spouses should be bound by the terms of their agreements.