Are you getting married in Pennsylvania? It’s one of the best ways to prepare for this very important stage of your life. Prenups also promote honest and open communication, which can help you make sound decisions about important marital matters.
Each state has its laws about what couples can include in the agreement. Learn more about the Keystone State’s legal requirements for a valid premarital agreement so you can plan your future—together.
What is a prenup?
A prenup is a legally binding written contract signed by two prospective spouses before their official wedding. The prenuptial agreement typically outlines each spouse’s marital rights and financial responsibilities and what will happen if the marriage ends in divorce or one partner dies.
What issues can a prenuptial agreement include?
A prenuptial agreement covers a variety of family matters related to a couple’s life together. Think of it as a master operating agreement for your marriage. The most common topics the agreement sets guidelines for include:
- Asset and property division
- Rights to use, buy, or sell assets during the marriage
- Definition of marital property and separate property
- Parenting responsibilities
- Financial obligations to children from a prior relationship
- Debts division and payment
- Spousal support and alimony
- Rights to wills, trusts, and inheritance
- Marital responsibilities to each other
- Day-to-day expense handling
- Management and ownership over family business
Who should get a prenup?
There is no blanket answer to this, as getting a premarital agreement is ultimately a personal call. However, do know that in the long run, a prenuptial agreement can be instrumental in reducing stress, confusion, and emotional upheaval in case the marriage ends in divorce or a spouse dies. It also is a proactive and civil way of safeguarding you and your family’s financial future.
- Other circ*mstances where signing a prenuptial agreement is beneficial include:
- When one spouse has significantly more income than the other
- When one spouse was previously married
- When one spouse owns a family business
- When one spouse has or expects to receive a significant inheritance or future income
- When one spouse is sponsoring the other spouse’s professional training or education
- When one spouse has children from previous relationships
LegalZoom attorneys can not only help you decide if a prenup is appropriate for you but they can also guide you on other important legal matters for engaged couples.
Prenuptial agreements in Pennsylvania
Each prenuptial agreement is unique: It represents a couple's wishes, interests, and circ*mstances. However, it’s essential to understand the state laws that govern the legal requirements of a Pennsylvania prenup. A prenuptial agreement in Pennsylvania is officially known as a premarital agreement.
Pennsylvania is one of the few states in the U.S. that has not adopted the Uniform Premarital Agreement Act (UPAA). What does this mean? This means that Pennsylvania statutes and the courts decide the rules and regulations regarding what a premarital agreement can include and what makes it valid.
The state of Pennsylvania has laws that control issues such as:
- Spousal inheritance
- Property division in divorce
- Spousal support and alimony
Pennsylvania looks at prenuptial agreements as business contracts, and they hold the viewpoint that two equal parties can agree to whatever terms and conditions they desire as long as there is full disclosure from both sides and the agreement is fair.
So, if you sign an agreement voluntarily but realize it’s a bad deal for you, don’t expect Pennsylvania courts to overturn the agreement to help you undo the damages. They will not be inclined to help you because you didn’t perform your due diligence or consult a law firm.
Division of property in Pennsylvania
In Pennsylvania, marital property is any asset or property acquired during the marriage. This holds regardless of what the title states. Besides regular properties like homes, cars, and furniture, less common items might also be subjected to a split. These include 401(k)s, stock options, valuable art, jewelry, and any gifts from one spouse to the other spouse.
Pennsylvania is also an equitable distribution state. But, equitable division of property does not necessarily mean equal or 50-50. In the case of a divorce, a family court judge will typically divide any marital property considering the following factors:
- Length of marriage
- Age and mental and physical health of each spouse
- Whether either spouse was previously married
- How much each spouse has contributed to acquiring of assets and running of the household
- Whether there are any children involved in the divorce
In Pennsylvania, any assets you own, like real estate, stocks, and inheritance, before marriage are considered non-marital or separate property and are not up for division.
Child custody provisions in premarital agreements
Pennslyvania law doesn’t allow the prenuptial agreement form to include any clauses around child support and custody; this includes visitation matters. The courts will decide those based on the child's best interest at the time of the divorce or separation.
Spousal support and Pennsylvania law
Your Pennsylvania prenuptial agreement form can include spousal support and alimony terms. You can also specify the amount, payment terms, and duration. Both parties can also decide to expressly waive their rights to spousal support.
What are the Pennsylvania court’s requirements for prenup enforcement?
The Pennsylvania General Assembly dictates what makes the prenuptial agreement form enforceable and should follow basic contract guidelines.
In most cases, the court will enforce a prenuptial agreement unless there is convincing evidence that shows:
- one spouse didn’t sign the agreement voluntarily, or
- the agreement was severely unfair because, before the signing, one spouse didn’t provide full disclosure of assets and liabilities, or one partner didn't have adequate knowledge of the other’s finances.
Here’s a unique situation that could occur in Pennsylvania: If one spouse expressly waived their rights to get a complete picture of the other’s finances in writing, the courts will deem the agreement to be enforceable even if it’s unfair.
The courts might also object to enforcing a prenuptial agreement that prohibits alimony but then leaves a spouse destitute or on government support.
Knowing the state’s enforceability criteria is best before drafting your prenuptial agreement.LegalZoom can help you find an attorney with experience in Pennsylvania prenups.
What makes a prenup valid?
As stated earlier, the Keystone State has its own statutes and laws around what makes the agreement legally valid and enforceable. In Pennsylvania, for a valid prenup, the following conditions need to be met:
- It is a written agreement
- There is reasonable disclosure of all assets and debts
- Both signed the agreement voluntarily
- There was no use of pressure or coercion
- There is no fraud
Steps to get a prenuptial agreement in Pennsylvania
The strongest, most effective, and enforceable prenuptial agreements are well-discussed, negotiated, and signed well before the official marriage date. If you want to get a premarital agreement that holds up in court, follow these steps:
- Discuss all assets and liabilities: An enforceable prenup must have reasonable disclosure of both parties’ financial statements and debts.
- Agree on other marital terms: A prenuptial agreement can be used to hash out the day-to-day workings, parenting responsibilities, and financial handling for the duration of the marriage. Discuss issues that are most important to both of you.
- Work with separate lawyers: Clarity is vital in prenups, and only a lawyer knows how to properly structure legal forms so they’re fair and have your best interest. Attorneys can identify blind spots and help you avoid loopholes. Avoid using standardized prenuptial agreement templates, as they might not be tailored to your needs and priorities.
- Review and sign the Pennsylvania prenuptial agreement form: Call in the pros, which is your own lawyer, to help you review the final draft. Ensure there is enough time to review the document so you understand the legal matters completely. Then, both should voluntarily sign on the dotted line. We recommend reviewing and signing the document at least one to two weeks before your official marriage date.
FAQs on Pennsylvania prenuptial agreements
How much does a prenup cost in PA?
The cost of a prenuptial agreement can range from $600 to upwards of $2500. The complexity of the case, attorney or law firm experience, and locality are a few factors that can impact the amount you’d have to pay.
Use LegalZoom's Prenuptial Agreement Package if you are looking for a budget-friendly way to draft a prenup. Simply complete the prenuptial agreement questionnaire, and our lawyers will create a personalized sample prenuptial agreement for your review.
Do prenups hold up in PA?
Yes, Pennsylvania generally upholds prenuptial agreement forms if they are legal and a written document. Strictly verbal agreements will not hold up.
The courts will not enforce the agreement if there is any evidence that one party didn’t sign the agreement voluntarily or didn’t have adequate knowledge about the other’s financial situation. Judges will thoroughly review the prenup to determine if it’s severely unfair in cases where debts and assets have been misrepresented.
What are five things that cannot be included in a prenuptial agreement?
A prenup can address a variety of topics, including financial responsibilities and spousal rights. However, it can’t include any of the following issues:
- Child support and custody rights
- Religious upbringing of a child
- Actions that break the law or are illegal
- Clauses that encourage divorce
- Temporary alimony till the divorce is finalized
Can you write your own prenup in Pennsylvania?
In Pennsylvania, you can write your own prenuptial agreement or use one of those standardized prenuptial agreement templates. That being said, we strongly advise against choosing either option as they can present many challenges in the future. When it comes to enforcing prenuptial agreements in Pennsylvania, courts view them as business contracts between equal parties, and they generally uphold these agreements.
Also, DIY prenuptial agreements are more prone to errors that result in the agreement being invalid. Lack of knowledge regarding legal terms and the proper structure of legal documents increases confusion. It often leads to creating an agreement that doesn’t represent your priorities or protect your assets.
An experienced family lawyer can aid you in thoroughly understanding Pennsylvania Law and drafting a legal and valid premarital agreement.
Does Pennsylvaniarequire separate lawyers for a prenuptial agreement?
Pennsylvania state laws don’t require each spouse to have independent legal counsel, but it’s strongly advised to have separate representation. Different attorneys can ensure that each party understands the legal matters at hand. It also protects each person’s rights.
Having separate legal counsel also helps in circ*mstances where one spouse objects to the terms of the premarital agreement during a divorce. The lawyer involved can argue that each spouse understood the legal terms, had adequate knowledge regarding the other’s finances, and signed the written contract willingly.
Safeguard your financial and marital future
Marriages can become complicated, and not all end with a happily ever after. A prenuptial agreement in Pennsylvania can be a valuable tool in getting you both on the same page regarding many “what-if” scenarios and setting a solid foundation for your marriage.
Signing a prenup today could save you from expensive, lengthy legal battles and financial loss down the road. Prenuptial agreements also tell your partner that you will continue caring about them, even if the marriage ends. So, why not take this proactive step towardsecuring your future?
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