A Pennsylvania postnuptial agreement is a legally binding contract that enables married couples to determine the division of their assets in the event of a divorce or death. These agreements provide a way for couples to bypass the unpredictability of divorce proceedings, where judges possess the authority to reallocate assets.
Unlike prenuptial agreements, which are entered into before marriage, postnuptial agreements are executed after a couple has already wed, distinguishing the two types of arrangements.
Legal Considerations
- Signing Requirements: Both parties’ signatures are required (Lugg v. Lugg (2013)).
- Dividing Property: Equitable Distribution (§ 3502).
Understanding Postnuptial Agreements in Pennsylvania
Validity and Enforceability
- § 3501(a)(2) – Property excluded by a valid agreement between the parties before, during, or after the marriage is not considered marital property.
- Lugg v. Lugg (2013) – Spouses are bound by the terms of their postnuptial agreements, provided there is no fraud, misrepresentation, or duress involved.
§ 3104 – Jurisdiction in Divorce and Annulment Cases
Courts have the authority to handle divorce and annulment cases, including:
- Division of property and financial responsibilities between spouses.
- Determining child custody, visitation rights, and support.
- Enforcing agreements on property settlement, child support, etc.
- Addressing any other legal matters related to marriage and its dissolution.
§ 3105 – Enforcing Agreements Between Parties
Parties can enforce agreements related to divorce or annulment as if they were court orders, except where the agreement states otherwise.
Modification of Agreements:
- Child support, custody, and visitation agreements can be modified by the court if circumstances change.
- Provisions on property division, alimony, and legal costs are generally not subject to court modification unless the agreement specifies otherwise.
