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Pennsylvania Prenuptial Agreement

Review Status: PendingAuthor: Editorial TeamMethodology: Statutory Verification

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Pennsylvania at a glance: Presumption of Validity: Strong judicial support for written prenups · Disclosure Waiver: Allowed if signed in writing · Governing Law: Pennsylvania Statutes Title 23

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Overview

Prenuptial Agreements in Pennsylvania

Pennsylvania prenuptial agreements are governed by the Divorce Code (23 Pa. C.S. § 3101, et seq.). Pennsylvania courts heavily favor enforceability; a signed prenup is presumed valid and can only be voided by clear and convincing evidence of lack of disclosure or involuntary signing.
Key Facts

Pennsylvania Prenuptial Agreement — Quick Reference

RequirementPennsylvania Rule
Presumption of ValidityStrong judicial support for written prenups
Disclosure WaiverAllowed if signed in writing
Governing LawPennsylvania Statutes Title 23
Legal Requirements

Pennsylvania Legal Requirements

  • Must be in writing and signed.
Governing Laws

Pennsylvania Governing Laws

23 Pa. C.S. § 3106
Premarital Agreements
Defines Pennsylvania's enforceability rules.

Read the full text of these laws at Cornell Law School's Pennsylvania legal resources or your state legislature's official website.

Questions & Answers

Pennsylvania Prenuptial Agreement — Frequently Asked Questions

Can you challenge a Pennsylvania prenup based on unfairness?

Generally no. Pennsylvania courts will not invalidate a prenup just because it is one-sided or unfair, provided there was full financial disclosure.