A Pennsylvania prenuptial agreement, also known as a “premarital agreement,” is a contract between two parties detailing asset division and financial rights before marriage, focusing on property split and alimony, but not child support or custody. It takes effect upon marriage and is enforceable through divorce or a spouse’s death.
Legal Considerations
Laws:
- § 3106 – Premarital agreements
Case Law:
- 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.
- Hamilton v. Hamilton, 404 Pa Super. 533
- “Where a party has been free to consult counsel before signing an agreement, the courts have uniformly rejected duress as a defense to the agreement. See: Bata v. Central-Penn Nat. Bank of Philadelphia, supra at 381, 224 A.2d at 180; Young v. Pileggi, 309 Pa. Super. 565, 571, 455 A.2d 1228, 1231 (1983). See also: Union Nat. Bank and Trust Co. v. Heffernan, 437 Pa. 492, 493, 263 A.2d 349, 349-350 (1970).”
Signing Requirements: The agreement must be signed by both spouses and while no other witnesses or acknowledgments are needed, obtaining them is strongly advised (§ 3106).
Dividing Property: Equitable Distribution (§ 3502).
What Is Meant by Equitable Distribution in Pennsylvania?
Equitable distribution in a Pennsylvania divorce refers to the fair, but not necessarily equal, division of marital property between spouses. Unlike community property states where assets are split 50/50, Pennsylvania may see divisions such as 60/40 or even 80/20, depending on what’s deemed fair.
What Is Non-Marital Property?
Non-marital property, also known as separate property, includes assets owned before marriage, gifts and inheritances received at any time, and assets acquired post-separation. In Pennsylvania, distinguishing between marital and non-marital property can be complex, which is why determining the parameters in a prenup can be important.
Can a Prenup Address Child Support or Custody?
No, premarital contracts cannot address child support or custody issues, as these rights belong to the child, not the parents. Agreements cannot predetermine, restrict, or eliminate child support. Additionally, child support and custody are only determined during separation or divorce, focusing on the child’s best interests, which a judge assesses at that time, not beforehand.
