Pennsylvania: A
Statutes
Pennsylvania Statutes Title 23 Pa.C.S.A. Domestic Relations § 3106. Premarital agreements
Separate Property
All assets can remain separate property, avoiding costly divorce settlements. Joint assets and debts titled in both names are split 50/50 as marital property.
Unconscionability at Execution Only
Courts review unconscionability only at signing, not at enforcement. Changed circumstances during marriage will not invalidate a valid prenup.
Unconscionability Standard
A prenup is invalid only if execution was not voluntary OR all three factors exist: (1) unconscionable at execution AND (2) no fair/reasonable disclosure without written waiver AND (3) challenging party lacked adequate knowledge of other's finances. Even highly one-sided agreements are upheld.
Spousal Support Public Assistance Minimum
Complete waivers of spousal support are enforceable. However, courts may invalidate alimony provisions if enforcement would leave a spouse destitute or eligible for public assistance. The public assistance threshold appears to be the practical minimum floor for spousal support in Pennsylvania prenups.
Timing
No statutory deadline exists, but recent Superior Court cases (Lewis v. Lewis 2020, 2023) suggest insufficient time to obtain counsel may constitute duress. Sign 60+ days before the wedding with 2-3 weeks review time to reduce challenge risk. Reach out to an attorney 4-6 months before the wedding.
Independent Counsel
Not required if waived in writing. However, independent counsel dramatically strengthens enforceability if challenged. Lack of opportunity to obtain counsel supports duress claims that could invalidate prenup.
Financial Disclosure
"Fair and reasonable disclosure" of assets, debts, and income, or can be waived in writing (both included).
High Burden to Challenge
Only two defenses allowed: involuntary execution, or inadequate disclosure without written waiver and lacking knowledge. Challenging party bears burden of proof. Fraud, duress, and coercion must be proven—allegations alone insufficient.
Child Support
Child support and custody clauses are unenforceable and could undermine the entire agreement. Do not include.
Pennsylvania's Unique Approach
Pennsylvania treats prenups largely as business contracts between equal parties and is nationally known for upholding agreements that might not hold up in other states.
Case Law
Lewis v. Lewis, 234 A.3d 707 (Pa. Super. 2020)
A post-nuptial settlement agreement was invalidated where the wife claimed she signed under duress while fearful of her husband's retribution and without opportunity to consult an attorney, establishing opportunity to seek counsel is critical for voluntary execution and prenup enforceability.
Simeone v. Simeone, 525 Pa. 392, 581 A.2d 162 (Pa. 1990)
The Pennsylvania Supreme Court upheld a prenuptial agreement that limited a 23-year-old unemployed nurse to $200 per week (maximum $25,000 total) from her neurosurgeon husband earning $90,000 annually with $300,000 in assets, establishing that prenuptial agreements are ordinary contracts enforceable under traditional contract principles without requiring independent counsel or judicial review of fairness, absent fraud, misrepresentation, or duress.
Lugg v. Lugg, 64 A.3d 1109 (Pa. Super. 2013)
A post-nuptial agreement was enforced despite the wife's claims of lack of asset disclosure, duress from daily pressure and one-and-a-half hours of negotiation pressure on the signing day, and unconscionability, reaffirming that parties can waive economic disclosure in writing and that post-nuptial agreements are evaluated under the same contract principles as prenuptial agreements following Simeone.