Berman & Asbel, LLP

What might scuttle a Pennsylvania prenuptial agreement?

It used to be that a prenuptial agreement was seen as something that only the wealthy sought in order to protect assets. These days, the economic conditions of the parties might be such that there is more of a balance.

Both parties might be well established in their careers. One or both of the prospective spouses might be entering into a second or third marriage. That can mean that a larger extended family exists, as do the considerations of how to divide assets in the event of a death or a divorce.

There is no denying that over the course of years, prenuptial agreements have been viewed in a rather negative light. We have written about this reality elsewhere on this site. Some argue prenups erase romance from relationships, making divorce a presumed outcome. Others have noted that they have been used as leverage by one spouse over the other to unfair advantage.

In light of that potential for abuse some states may subject prenuptial agreements to a level of review that is stricter than what might be applied to other common contracts. Such is not the case in Pennsylvania. But there are still some conditions under which a prenup might be declared unenforceable. These might include:

  • A failure to fully disclose relevant assets
  • Evidence that the signing of the document was not done voluntarily and with full understanding

Modification of an agreement might be possible if conditions that were in force when it was originally drafted have changed to a point that some provisions can't be considered fair.

Because of the possible issues that could develop, it's best to consult an experienced family law attorney before entering into any agreement of this type.

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