Setting aside a premarital agreement

Prenuptial agreements are often in the news, seem to be the way to go with couples of high net worth, and Pennsylvania couples may be wondering what the requirements are for voiding an arrangement in their state. Termed in the law as premarital agreements made in contemplation of marriage and activated as soon as the couple marries, they are covered in Title 23, section 3106, of the code.

If one person in a marriage wants to have a premarital agreement set aside, the burden of proving why it should not be enforced is on the party who believes the contract is unenforceable. The law then lays out the situations that would make the agreement unenforceable.

A cause for setting aside is if one of the parties did not enter into the agreement voluntarily. A second situation that could cause the agreement to be voided is that prior to entering into it, one of the parties was not provided with a clear picture of the other’s wealth or obligations. However, a person can waive the right to seeing this disclosure as long as he or she states so in writing.

When a couple is thinking about getting married, they may want to consider if a prenuptial agreement would be beneficial to them. An attorney may be able to help draw up an agreement that will remain enforceable over time. When a couple has decided to divorce and they have a premarital agreement in place, it may not be enforceable. Input from a family law attorney could be helpful to someone considering a marriage termination with a prenuptial agreement in place. The attorney can help determine if the arrangement is enforceable or not.

Source: Pennsylvania General Assembly, “Title 23“, October 07, 2014

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