Are prenuptial agreements enforceable in Pennsylvania?

Pennsylvania is the most pro-enforcement jurisdiction in the country, applying ordinary contract law to prenuptial agreements.

1. Governing Statute

23 Pa.C.S. § 3106 codifies the rule from Simeone. Pennsylvania rejected the UPAA but the statutory framework is consistent with its disclosure prong.

2. Formality Requirements

The agreement must be in writing and signed by both parties. Consideration is the marriage itself. No acknowledgment is required, but notarization is best practice.

3. Voluntariness

Simeone v. Simeone, 525 Pa. 392 (1990), abandoned earlier paternalistic scrutiny and held that adults may bind themselves to contracts — even improvident ones. Time pressure, eve-of-wedding signing, and lack of counsel are not, standing alone, grounds to invalidate a prenup. The challenger must prove the absence of voluntary consent by clear and convincing evidence.

4. Disclosure

§ 3106(a)(2) and Simeone require full and fair disclosure of the parties' financial positions before signing, OR a voluntary and express written waiver of disclosure. This is the single most common ground for invalidation in Pennsylvania.

5. Unconscionability

Pennsylvania does not recognize unconscionability as an independent defense to a prenup. If disclosure was adequate and the signing voluntary, even a grossly one-sided agreement will be enforced (Simeone at 400-01). This rule is a Pennsylvania outlier.

6. What Cannot Be Waived

Child support and custody cannot be predetermined. Spousal support (alimony pendente lite and post-divorce alimony) may be waived if disclosure and voluntariness are satisfied.

7. Key Pennsylvania Case Law

Simeone v. Simeone, 525 Pa. 392 (1990) — controlling authority. Lugg v. Lugg, 64 A.3d 1109 (Pa. Super. 2013), confirmed strict disclosure requirements. Stoner v. Stoner, 572 Pa. 665 (2003), extended Simeone principles to postnuptial agreements.

This is legal information, not legal advice.