Pennsylvania Prenuptial Agreement Form

Just like there’s a possibility of marriage, there’s always a possibility of divorce. Therefore, Pennsylvania residents considering getting married are advised to complete the Pennsylvania Prenuptial Agreement Form. Usually, wealthy people with significant personal assets prefer to complete the prenuptial agreement template to protect themselves from possible future issues and disputes related to divorce.

The Pennsylvania Prenuptial Agreement Form serves as a legal guarantee for both partners that their interests will not be violated in case of divorce or death of either partner. This agreement is a legally binding contract between future marital partners, mainly covering monetary and financial issues.

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In the prenuptial agreement, partners state details on the estate separation, financial rights and duties of every partner, and spousal financial assistance after divorce. Sometimes you can fill in data on kids’ support, custody, and other details on such home affairs as religious backgrounds and future life decisions. But usually, this agreement covers partners’ financial rights and obligations.

Pennsylvania Prenup Laws and Requirements

The Pennsylvania Prenuptial Agreement comes into force once the couple gets married and performs its function when partners decide to divorce or in case of the death of one partner. Title 23 of the Pennsylvania General Assembly is the only legitimate paper covering the requirements for completion of the Pennsylvania Prenuptial Agreement.

Signing Requirements

Due to Title 23 of the Pennsylvania General Assembly, both marital partners must sign the prenuptial agreement showcasing their consent. No third-parties are required to confirm it, though it is possible if a couple wants so. However, no state court will insist on this.

Enforceability

Following the Title 23 of the Pennsylvania General Assembly, the Prenuptial Agreement concluded in the state becomes effective on the marriage commencement date.


Court Refusal

As Pennsylvania is one of the states that has adopted the Uniform Prenuptial Agreement Act (UPAA), the court will use the Pennsylvania laws while considering whether to accept the prenuptial agreement.

Usually, the court confirms a prenuptial agreement suggested by marital partners, but there are certain factors that may confuse the judge, leading to the prenup annulment. Amongst them are the following ones:

  • According to the agreement, one partner gets the right to ask for alimony, and the other partner remains destitute in case of divorce.
  • One partner did not consent to sign the prenuptial agreement.
  • One partner did not disclose their income information (which effectively means that one partner is not aware of the other’s actual income).
  • A prenuptial agreement is one-sided and outrageous.

What Prenups Can Cover

According to Title 23 of the Pennsylvania General Assembly, the state Prenuptial Agreement may cover the following items:

  • The partners’ right to receive gifts and become their inheritors.
  • The spouses’ opportunity to get alimony and financial assistance from their spouse.
  • The partners’ right to their spouse’s estate and other personal belongings.;
  • The right to manage the family business.
  • The partners’ right to interfere with subject assets while being in a marriage.
  • Details on estate division in case of death, severe illness of one partner, or in the case of divorce.
  • The partners’ access to the death grants from the insurance company (if applicable).

Here’s a list of issues the Pennsylvania Prenuptial Agreement cannot resolve:

  • Minor support and custody (as kids are the ones getting alimony and not their parents).
  • Interim support during the divorce procedure.
  • Join children’s religious education.

Property Type

Both marital partners have to state their expectations regarding estate division in their prenuptial agreement. Their expectations must be adequate and mostly fair towards the other partner. Otherwise, the court will not accept the prenuptial agreement. In the future, in case of divorce, the judge will use the prenuptial agreement as an orienteer while deciding on dividing the estate between the former partners.

Published: Feb 25, 2021