The all-inclusivePennsylvania prenup

The controlling statute & cases

What law governs prenups in Pennsylvania?

In Pennsylvania, 23 Pa. Cons. Stat. § 3106, and case law, such as Simeone v. Simeone, 525 Pa. 392 (1990), govern the law on prenups in the state. Pennsylvania’s governing prenup statute is structured similarly to the Uniform Premarital Agreement Act (UPAA) section 6(a) regarding enforceability. This statute also encompasses the principles laid out by the Pennsylvania Supreme Court in the Simeone case. Generally, when evaluating prenuptial agreements, Pennsylvania courts focus on whether the agreement was entered into voluntarily and with adequate financial disclosure, according to the statute and relevant case law.

Is Pennsylvania a UPAA state?

Technically, no, Pennsylvania is not a UPAA state. However, it does have a prenuptial agreement statute that is similar to the Uniform Premarital Agreement Act (UPAA). (23 Pa. Cons. Stat. § 3106). The UPAA is a uniform statute that attempts to standardize prenuptial agreement laws across the U.S. to make enforcement and creation of prenups consistent across state lines. The ideal scenario is if all or most of the states have similar prenup laws, so when a prenup from another state is reviewed or enforced in a different state, courts can apply familiar legal principles and reach more predictable outcomes. Pennsylvania’s statute incorporates many of the same concepts as the UPAA, including standards for voluntariness and financial disclosure, even though the state has not formally adopted the UPAA.

Requirements for a Pennsylvania prenup

What are the requirements for a prenup in Pennsylvania?

Pennsylvania prenuptial agreements must be in writing, signed, entered into voluntarily, with proper financial disclosure. Courts in Pennsylvania do not inquire into the reasonableness of the prenuptial agreement (as is the case in many other states), as doing so would undermine the functioning and reliability of such agreements, as noted by the Supreme Court of Pennsylvania. (Simeone v. Simeone, 525 Pa. 392 (1990)).

Requirements:

• In writing
• Signed
• Entered into voluntarily
• Full and fair financial disclosure

Does a prenup need to be notarized in Pennsylvania?

No, there is no formal requirement for a prenup to be notarized in Pennsylvania. However, getting a prenup notarized anyway is a great way to add an additional layer of protection to the agreement. Many Pennsylvania prenup attorneys recommend notarization even though it is not a strict requirement. Notarization is simply the act of signing a document in front of an official notary public. It shows a court that the parties’ identities were confirmed when signing, and they knew that they were signing a prenuptial agreement.

Do both parties need a lawyer for a prenup in Pennsylvania?

No, people do not need to hire a lawyer for their prenup in Pennsylvania. The state’s Supreme Court actually addressed this issue head-on in the 1990 Simeone case, where it held that imposing a per se requirement that parties hire an attorney would be contrary to traditional contract principles and would constitute an unwarranted interference with people’s freedom to enter into contracts. (Simeone v. Simeone, 525 Pa. 392 (1990)). In other words, Pennsylvania law trusts that competent adults may decide for themselves whether to retain legal counsel before signing a prenuptial agreement. And while hiring a lawyer is not required, hiring an attorney and getting legal advice can still be helpful in ensuring both parties fully understand the agreement and reduce the likelihood of future disputes.

What makes a prenup invalid in Pennsylvania?

A party to a prenuptial agreement may argue that the agreement is invalid under a few key legal grounds. First, if the agreement was entered into involuntarily under 23 Pa.C.S.A. § 3106. Second, if there is a lack of adequate financial disclosure also under the same statute. The spouse arguing the prenup is invalid must take on the burden of proving these grounds. (Layton v. Layton, 339 A.3d 469 (2025)). A prenup is “involuntary” if it was entered into under duress, which is an analysis and decision for a court to make. A prenup lacks adequate financial disclosure if either person was not provided fair and reasonable disclosure of the other person’s income, assets, debt, and inheritances.

How long before the wedding should I sign a prenup in Pennsylvania?

There is no set requirement for when parties need to execute a prenup prior to the wedding day in Pennsylvania. Because there is no fixed timeline, Pennsylvania courts instead look to whether the prenup was signed voluntarily and with proper financial disclosure, but timing can come into play as one of the factors in that analysis. The Pennsylvania Supreme Court in the landmark Simeone case upheld a prenuptial agreement even though it was presented to the wife the night before the wedding. The court noted that the parties had discussed the prenup far before the night of the wedding, too, even though it was only presented the night before. (Simeone v. Simeone, 525 Pa. 392 (1990)).

Therefore, the timing of the prenup alone isn’t as important as the circumstances surrounding its execution. Such as whether both parties had enough time to digest the agreement, understand its terms, hire an attorney (if they want one), and make an informed decision without undue pressure. As a best practice, many Pennsylvania attorneys still recommend starting the prenup process several months before the wedding to ensure there is no question of undue pressure.

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What can & can’t be in a Pennsylvania prenup

Does cheating void a prenup in Pennsylvania?

No, cheating does not automatically void a prenup in Pennsylvania, but if an infidelity clause is included and cheating triggers a certain clause, then that may apply, and in some ways, void the agreement, depending on what the contract says. For example, in Laudig v. Laudig, a Pennsylvania court enforced a postnuptial agreement that provided the wife would forfeit her rights to marital property if she engaged in adultery. (Laudig v. Laudig, 624 A.2d 651 (Pa. Super. Ct. 1993)). While infidelity alone does not invalidate a prenup, spouses may include enforceable provisions that impose financial consequences equivalent to voiding a prenup if a spouse cheats.

Are infidelity clauses enforceable in Pennsylvania?

Yes, infidelity clauses may be enforceable in Pennsylvania. Pennsylvania courts treat prenuptial agreements as ordinary contracts and generally enforce their terms regardless of whether or not they received “bad” terms or whether the terms are fair. However, the enforceability of infidelity clauses have not specifically been addressed by Pennsylvania higher courts. It is clear, though, that the general framework in Pennsylvania would strongly favor enforcement of an infidelity clause, absent fraud, misrepresentation, or duress. In addition, Pennsylvania law does not expressly prohibit infidelity clauses by statute.

Can a prenup include child custody in Pennsylvania?

Courts will not enforce terms around child custody matters in a prenuptial agreement, but rather, will order custody by analyzing the circumstances under 23 Pa.C.S.A. § 5328, considering all relevant factors, such as the safety of the child. The standard the court applies is the “best interests of the child” rather than a contract between the parents. This is because parents cannot predetermine a child’s custody rights (potentially years before) a dispute arises. In addition, it is not their “right” to contract away. Custody decisions must be made based on the facts and circumstances that exist at the time the issue is at hand.

Can a prenup protect a business in Pennsylvania?

Yes, a prenup can protect a business in Pennsylvania. Parties may include any terms that are financial in nature and do not violate any public policy in the state. Protecting businesses is a common use for prenuptial agreements. Ensuring that the business interests, including income, debt, property, equity, and other assets, are categorized as separate property, not divisible in divorce, is often a key goal for business owners. A well-drafted prenup can also lay out how future growth/appreciation in the business will be treated.

Can a prenup protect inheritance in Pennsylvania?

Yes, a prenup can protect inheritances in Pennsylvania. Protecting inheritances is often one of the major motivators for getting a prenuptial agreement, even though under 23 Pa.C.S. § 3501(a), inheritances are technically separate property by default. Utilizing a prenup is still beneficial in protecting inheritances because it can clarify what should happen to appreciation on those assets, the income generated from those assets, and how property purchased with inherited funds will be treated during the marriage and in the event of divorce. It can also help the parties understand commingling and ensure that any traceable inherited funds still remain separate.

Marital property in Pennsylvania

Is Pennsylvania a community property state?

No, Pennsylvania is not a community property state. “Community property” is a type of property division framework in the U.S. for divorces that requires all property acquired during the marriage to be split equally, regardless of how it was acquired. Pennsylvania, along with 41 other states, utilizes the framework known as “equitable distribution,” which gives judges discretion to divide property equitably, based on statutory factors.

How is property divided in a divorce in Pennsylvania without a prenup?

In Pennsylvania, courts utilize the equitable distribution framework to divide property (23 Pa.C.S.A. § 3502). This framework allows a divorce court judge to divide the marital property according to a set of factors, such as the length of the marriage, the health of the parties, their ages, whether they’ve been married before, their source of income, their contributions to the marriage, and other factors. The court may divide the property equally or unequally, depending on what would result in a fair outcome for the parties.

What is separate property in Pennsylvania?

Pennsylvania deems separate property to include assets acquired before the marriage, property received by gift/inheritance, property excluded by an agreement (such as a prenup or postnup), and certain property acquired after separation. (23 Pa.C.S. § 3501(a)). Property that is deemed “separate property” in a divorce is not subject to division, but remains in the ownership of the person whose property it is. On the other hand, “marital property” is any of the property not categorized as separate and will be divided in a divorce.

Spousal support in Pennsylvania

Can a prenup waive alimony in Pennsylvania?

Yes, a prenup can waive alimony in Pennsylvania. An alimony waiver is a way to prevent either party from seeking financial support from the other in a divorce. Financially independent partners may want to waive alimony to ensure financial independence and avoid any disputes down the road. As long as the prenup itself is valid and enforceable, then the waiver in the agreement will also be upheld. In order to ensure the alimony waiver holds up in court, it’s important to ensure proper financial disclosure and that each party enters into the agreement freely and voluntarily.

Does a prenup prevent spousal support in Pennsylvania?

Yes, a prenup can “prevent” spousal support (i.e., alimony) in Pennsylvania. “Preventing” spousal support/alimony simply means not allowing either spouse to ask a court to grant them financial support from their ex-spouse. Pennsylvania law favors contractual freedom and permits partners to contract around their financial rights in the event of divorce, including the waiver or limitation of alimony. Also, a prenuptial agreement is meant to be customized to the couple who is signing the agreement. For some couples, “preventing spousal support” may be the best option for them because they are both financially independent and/or have other considerations in place for the agreement to ensure they are both protected.

How is alimony determined in Pennsylvania without a prenup?

Alimony is determined under 23 Pa.C.S. § 3701. Alimony is the financial support from one spouse to another during and/or after the divorce. A judge may award alimony where they deem it to be necessary according to a set of statutory factors. These factors include each spouses earnings, their ages/health, the length of the marriage, whether either party will receive a future inheritance, and other factors. Courts may also award alimony that is for a set amount of time or that is forever, depending on the circumstances.

How much does a prenup cost in Pennsylvania?

How much does a prenup cost in Pennsylvania?

A prenuptial agreement in Pennsylvania costs around $2,500 but can climb up to tens of thousands of dollars. The price of the prenup per couple will vary depending on the hourly rates of the attorneys. In addition, the complexity of the finances, prenup requests, and level of negotiations will also feed into the cost. Plus, if both parties retain separate counsel, attorney fees can increase significantly, as each attorney will spend time reviewing, negotiating, and revising the agreement. However, couples seeking a more affordable option should consider an online prenup, which can significantly reduce costs.

What is the cheapest way to get a prenup in Pennsylvania?

Generally, the cheapest way to get a prenup is to utilize a reputable online prenup platform. Technology is helping make prenuptial agreements more affordable by cutting down on the time spent drafting the prenup and reducing the amount of time a lawyer needs to spend on a prenup. Traditional prenup attorneys often charge hourly rates that can sometimes result in thousands of dollars per couple. On the other hand, online prenup platforms, such as HelloPrenup, charge around $599, with flat rates to avoid unexpected costs.

How much does a prenup lawyer cost in Pennsylvania?

On average, a lawyer in Pennsylvania charges $311 per hour. This rate can go up or down depending on the attorney’s location, education, and experience. In addition, the number of hours the prenup lawyer spends on one client can vary, which can change the bottom line of the prenup cost. For example, if a client has minimal requests, simple finances, and minimal negotiations, the amount of hours the prenup attorney spends on the case will be much less than a client that was more complex needs.

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How to get a prenup in Pennsylvania

How do I get a prenup in Pennsylvania?

You can get a prenup by hiring two attorneys or by utilizing online prenup platforms. You may also choose to do a hybrid of the two: download an online prenup and have a Pennsylvania attorney review. HelloPrenup offers both options: download an online prenup without an attorney or hire a licensed Pennsylvania attorney to review your HelloPrenup prenup. If you want to go the traditional route, you can also hire an attorney to draft your prenup and pay more premium rates.

Can I write my own prenup in Pennsylvania?

Yes, you can technically write your own prenup in Pennsylvania and have it hold up in court. The Pennsylvania Supreme Court has explicitly stated that requiring attorneys to draft a prenup would be unnecessarily restrictive. As long as the prenup is entered into voluntarily and both parties are provided with proper financial disclosure, then it will hold up in a Pennsylvania court. However, there is a benefit to hiring counsel to ensure you are entering the agreement voluntarily and have disclosed your finances accurately.

How long does it take to get a prenup in Pennsylvania?

It can take anywhere from two hours to two months, depending on how you get your prenup and how committed you are to the process. For example, with HelloPrenup, you can create a valid Pennsylvania prenup within two hours without attorneys. If you add on Pennsylvania attorney assistance, then it may take a bit longer, depending on the attorney’s availability. The average time is a few business days when attorneys are involved. If you are going the traditional route of hiring two attorneys in person, then the process can take a few weeks. This is due to the drafting time and back and forth between the attorneys.

Do I need a lawyer to get a prenup in Pennsylvania?

No, it’s not necessary to hire a lawyer for your Pennsylvania prenup. You can technically create a valid and enforceable prenup without a lawyer, as long as it is entered into voluntarily and the parties provided one another with accurate financial information (this is known as financial disclosure). However, hiring an attorney has benefits. It can help show a court that you voluntarily entered into the agreement and that you understood its terms. Plus, you are able to ensure favorable terms for yourself and your partner when both parties are represented by counsel who will help advocate for each person.

Caselaw & enforceability

Are prenups enforceable in Pennsylvania?

Yes, prenups are enforceable in Pennsylvania. There is not only a prenuptial agreement statute (23 Pa. Cons. Stat. § 3106) permitting prenups, but also a well-developed body of case law that strongly favors upholding prenups as valid contracts between consenting adults. The landmark case governing prenup enforceability in Pennsylvania is Simeone v. Simeone, where the Pennsylvania Supreme Court shows strong public policy favoring agreements without regard to whether the terms were fully understood or fair. (Simeone v. Simeone, 525 Pa. 392 (1990)). The only requirements the court noted were requiring full and fair financial disclosure, where both parties must share their finances with one another before executing the agreement.

How hard is it to break a prenup in Pennsylvania?

It is very difficult to break a prenup in Pennsylvania. Courts in Pennsylvania have routinely held that the freedom to enter into contracts such as prenuptial agreements is important in the state, and the court should not excessively or unnecessarily interfere with that right. There are only two grounds in which parties can break a prenup in Pennsylvania: (1) By showing that one party did not voluntarily enter into the agreement, such as through duress; or (2) by showing that there was not adequate financial disclosure of all income, assets, and debts prior to the signing of the prenup.

Can a judge throw out a prenup in Pennsylvania?

Yes, a judge can throw out a prenup in Pennsylvania, but only under certain legal grounds. A judge may not needlessly throw out a prenup in Pennsylvania. In fact, Pennsylvania has some of the most favorable laws towards enforcing prenuptial agreements. The only grounds that a court may throw out a prenup in Pennsylvania include a lack of voluntariness, inadequate financial disclosure, or otherwise against other public policies of the state.

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Duration & after-marriage

How long does a prenup last in Pennsylvania?

A prenup lasts forever in Pennsylvania, or until the parties revoke it, or put an expiration date on it. Parties may include an expiration date on their prenup, which tells the court that the prenup terminates on a certain date. For example, couples may want the prenup to terminate (i.e., “expire”) on their 10th, 15th, or 20th wedding anniversary. This is a way to agree to certain terms for a divorce, but also agree that once the marriage becomes long enough, marital assets may be so intertwined that the specific agreement no longer applies. This is totally optional, though, and without specifically including an expiration date for the prenup, the prenup will technically last forever.

Can you get a prenup after marriage in Pennsylvania?

No, you cannot get a prenup after the wedding day in Pennsylvania, but you can get a postnuptial agreement. Under 23 Pa. Cons. Stat. Ann. § 3501, marital property that gets divided in a divorce does not include property excluded by a valid agreement of the parties entered into before, during, or after the marriage. In other words, Pennsylvania law explicitly contemplates spouses’ ability to contract “during” the marriage.

Postnuptial agreements in Pennsylvania do not have a specific statute that addresses how postnups may be enforced, like they are addressed for prenups in 23 Pa. Cons. Stat. Ann. § 3106. Because no specific statute governs postnups, Pennsylvania courts will apply traditional contract law to postnups, meaning that parties are bound to the terms that they sign, like any other contract. (Stoner v. Stoner, 572 Pa. 665 (2003)).

Can you change a prenup in Pennsylvania?

Yes, parties may change (i.e., “amend”) a prenup in Pennsylvania. However, the prenup amendment will be considered a postnuptial agreement, though both prenups and postnups are treated under the same standards in Pennsylvania: they both must be entered into voluntarily and with adequate financial disclosure. Both are evaluated under traditional contract law.

For example, in Goldblatt v. Young, the parties signed an Amended Prenuptial Agreement approximately two months after their marriage, and the court treated that document as a postnuptial agreement subject to general contract law (Goldblatt v. Young, Not Reported in A.3d (2017)).

Cross-border & recognition

Is a prenup signed in another state valid in Pennsylvania?

Yes, prenups executed in another state are generally valid and enforceable in Pennsylvania as long as they were executed properly in the original state. For example, in Sabad v. Fessenden, a Pennsylvania court heard a case where the prenup was executed in New York, where the parties previously lived, but the husband sought a divorce in Pennsylvania. The court ultimately held that New York law applied (not Pennsylvania law) because New York was a more applicable state to the couple’s situation. (Sabad v. Fessenden, 825 A.2d 682 (2003)).

What happens to my Pennsylvania prenup if I move to another state?

Generally, other states will uphold your prenup as long as it was validly executed under Pennsylvania law, which means it was entered into voluntarily with proper financial disclosure. However, whether or not the new state will apply substantive Pennsylvania divorce law is dependent on whether you included a choice of law clause and whether the state respects that choice. Many states do apply foreign substantive state law to the prenup analysis when underlying legal principles are needed to interpret different clauses, but it’s not a guarantee and is state-dependent.