Are postnuptial agreements enforceable in Pennsylvania?

Though the benefits of prenuptial agreements in easing property division after a divorce have been mentioned many times to Pennsylvania residents, the reality is that many couples may still shy away from entering into one. Deciding who gets what in case the couple splits up, even before they get married to one another, can be a difficult conversation to have, which is why many couples avoid it. However, not all hope is lost. Married couples can enter into a postnuptial agreement any time after they tie the knot.

Similar to prenups, postnups are agreements that can be used to improve domestic harmony and protect business and individual assets in a marriage. Many couples are not even aware that they have the option to enter into an agreement regarding property division after they have gotten married.

Most states enforce post nuptial agreements, including Pennsylvania. However, it is important to keep in mind that the state, unlike most others, has no requirement that the postnup should be fair. This means courts can enforce completely one-sided agreements, as long as there was full disclosure and no fraud. Most family law issues can be included in a postnuptial agreement, including what each person expects during a marriage and after it ends. Additionally, spousal claims on an estate can be eliminated or removed through a postnup.

There are many reasons couples enter into agreements to spell out their financial and marital obligations to one another, either before the marriage or after. Whether one is protecting their business interests or a child from a previous marriage, it is important to create a fair and legally binding agreement. It might be helpful to consult an experienced attorney for guidance on how to ensure one’s interests are being protected in the document.

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