Unbreakable Prenuptial agreements in Pennsylvania

What makes a prenuptial agreement stand up in Pennsylvania courts?

Pennsylvania law, like all states, has its own view of prenuptial agreements. Previously we discussed Pensylvania’s unique law allowing a marital agreement of division of property to be created AFTER marriage. The state’s Supreme Court has also issued opinions in recent years that solidify our state’s view of pre- and post-marital agreements as legally enforceable contracts. It has also made it clear that child custody and even child support issues cannot be part of these contracts.

In this atmosphere, it is clear that Pennsylvania generally supports premarital contracts. However, such contracts are notoriously hard to enforce if certain standards are not met. These can be classified as timing, duress and disclosure. The courts traditionally will not enforce a contract in which one party appears to be disadvantaged because one of these criteria are not met.

Timing: Generally, a contract signed within a week of the wedding might provoke further scrutiny from a judge reviewing the same in a divorce case. The thinking is that a true contract occurs after both parties have time to think about, review, make changes, and get legal advice about it before signing (though proof of obtaining legal advice is not necessary, just the opportunity to do so.)

On the other hand, if a premarital contract has been in process for months before the nuptials, and signing is nothing more than the final detail, this may not be a worry. It’s probably wise to plan on completing and signing a prenuptial contract a few months BEFORE the wedding.

Duress: This is the most common reason spouses may challenge a pre-marital agreement during divorce proceedings. In a way, it refers back to Timing. Can it be proven that both parties had enough time to consider what they were signing and get appropriate impartial advice free from pressure from the other party? Let’s say one spouse presents a full contract favoring themselves, prepared by a lawyer, to the other spouse the night before the wedding for signature, passing it off as a simple formality. The contractee (spouse) is flustered, has no time to review it, and feels that not signing would create “bad blood” on the eve of the wedding. This is an example of duress, one in which it is very unlikely the contract would be enforceable.

Disclosure: Did both parties properly disclose ALL of their property and financial assets at the time of signing? Offshore accounts, international investments, properties in other states, trust funds, interests held in private businesses – all are part of the full picture required to make a contract complete. The easiest way to avoid this problem is to leave a very thorough paper trail, with a complete listing of all assets attached to the contract.

Is it Fair: If one party or the other signs away rights to assets or support that then leaves them penniless, a judge has the authority to overturn the contract. Similarly, if it appears one party clearly understood nuances and details the other did not, a premarital contract may look suspicious to a judge. Interestingly, the Pennsylvania Supreme Court has rejected the idea that one party to a premarital agreement must prove that the other party already knew their statutory rights before signing.

In short, Pennsylvania courts do not seem inclined to undo damage people inflict on themselves by making bad deals, or being inattentive or unwilling to do their own research  – or who just plain show poor judgment.  A Bucks County attorney with experience in this type of contract can create a clear and defendable document to protect premarital assets and inheritances. The more clear the language and the paper trail, the more sturdy the contract.