A Pennsylvania prenuptial agreement is a contract between two people who plan to marry. It is made in contemplation of marriage and takes effect only when the wedding happens. Couples use one to settle in advance how property, debt, inheritance rights, and spousal support will be handled if the marriage ends.[1]
Under Section 3106 of the 23 Pa.C.S., a Pennsylvania court sets a prenup aside in only two situations. The spouse challenging it must prove they did not sign voluntarily, or that they never received a fair and reasonable disclosure of the other spouse's property and debts.[1] A prenup cannot settle child support or custody. Our free prenuptial agreement template covers the standard clauses.
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A prenup deals mainly with money. Couples use it to divide property and debt and to fix each partner's rights in the other's estate. It also settles any claim to spousal support after a divorce. Terms about children, including support and custody, belong to the court rather than to your contract.
Section 3106 of the 23 Pa.C.S. is the Pennsylvania statute that governs prenuptial agreements. It defines a premarital agreement as an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage.[1] The burden of proof to set aside a premarital agreement falls on the party alleging the agreement to be unenforceable.[1]
A prenup must be in writing and signed by both parties. Sign it before the wedding, because the contract only takes effect once you marry. Notarizing the document is not required, but a notary's acknowledgment makes the signatures easier to prove years later.
A prenup takes effect on the day you marry, not on the day you sign.[1] If the wedding never happens, it never takes effect. Once you marry, its terms govern the property, debt, and support questions you addressed in it.
Each spouse must give the other a fair and reasonable disclosure of their property and financial obligations before the agreement is signed.[1] A party can give up part of that disclosure, but only by voluntarily and expressly waiving the right in writing.[1]
An oral understanding that neither of you needs to see the other's accounts will not do. Attach a schedule that lists assets, debts, income, and any business or family property interests.
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The party who attacks the contract carries that burden. They must prove the case by clear and convincing evidence.[1] Section 3106 of the 23 Pa.C.S. gives two grounds:
A premarital agreement shall not be enforceable if the party seeking to set aside the agreement proves, by clear and convincing evidence, that: (1) the party did not execute the agreement voluntarily; or (2) the party, before execution of the agreement: (i) was not provided a fair and reasonable disclosure of the property or financial obligations of the other party; [...]
Pennsylvania does not review a prenup for fairness. A court will not rewrite a one-sided bargain, so read the agreement closely and consider having your own attorney look at it before you sign.
A prenup commonly covers:
Some terms are outside its reach:
Say clearly which assets each partner brings into the marriage and which stay separate property. A contract that names specific accounts, parcels of real estate, and business interests is easier to enforce than one that speaks in general terms. Without one, a divorce court decides the distribution of marital property under Pennsylvania family law, and a prenup is how the parties replace that default with their own terms.
Work through the agreement well before the wedding, not the week of it. A prenup signed under time pressure invites a later argument that one spouse did not sign voluntarily, which is one of the two statutory grounds for setting an agreement aside.[1] The steps below keep both requirements, voluntary signing and full disclosure, on the record.
Yes. A Pennsylvania prenuptial agreement is enforceable, and the burden falls on whoever wants to escape it. That spouse must prove the case by clear and convincing evidence. They have to show either that they did not sign voluntarily, or that they were denied a fair and reasonable disclosure of the other spouse's property and debts.[1]
Pennsylvania law treats a prenup as a contract between two adults. Its courts uphold agreements that some other states would set aside, so do not count on a judge rescuing either party from terms they accepted.
Yes. Section 3106 of the 23 Pa.C.S. makes enforceability turn on two things. Each spouse must sign voluntarily, and each must receive a fair and reasonable disclosure of the other's property and financial obligations.[1] A self-drafted agreement can satisfy both.
The risk is not the drafting. It is the record behind it. Without separate legal advice and a written schedule of assets, you have less to show a judge if your partner later says the signature was not voluntary. If the marriage does end, the terms set here feed straight into the Pennsylvania marital settlement agreement.
Last Updated: September 2026. This guide is reviewed and updated regularly to reflect current Pennsylvania law. If you notice an error or outdated information, please contact us.
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