Pennsylvania Prenuptial Agreement Laws: When a Prenup Holds Up (2026)

Yes. Pennsylvania enforces premarital agreements under its own statute, 23 Pa.C.S. 3106, which puts the burden on the spouse who wants to set an agreement aside. The statute makes the agreement unenforceable if that spouse proves by clear and convincing evidence that it was not signed voluntarily, or that the statute's three disclosure conditions were all unmet.

Information last verified on 2026-10-08. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers premarital (prenuptial) agreements under 23 Pa.C.S. 3106, with the related Divorce Code sections 3104, 3105, 3501(a)(2) and 3502. It does not cover case law on prenuptial agreements, contract-law formalities outside the Divorce Code, estate planning, or other states' law. For property division in a divorce, see Pennsylvania divorce laws.

Which law governs prenups in Pennsylvania

Pennsylvania's rule is a single section of its Divorce Code, 23 Pa.C.S. 3106, titled "Premarital agreements." It was added by Act 175 of 2004 and applies to agreements executed on or after its effective date. Chapter 31 of the Divorce Code, where section 3106 sits, does not carry the short title of the Uniform Premarital Agreement Act; Pennsylvania's provision is its own text.

Section 3106(b) defines the agreement:

"As used in this section, the term 'premarital agreement' means an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage."

This article covers agreements governed by section 3106. Agreements signed before it took effect may be governed by earlier case law, which this article does not cover.

Formal requirements

Section 3106 and the rest of Chapter 31, read in full for this article, do not set a writing, signature, notarization or witness requirement for a premarital agreement. This page does not cover other sources of formal requirements, such as general contract law or case law. A lawyer licensed in Pennsylvania can draft or review these agreements and can explain what formalities apply.

Writing does matter in one place in the statute: a waiver of financial disclosure must be made "in writing" to count under section 3106(a)(2)(ii), as described below.

When a Pennsylvania prenup can be set aside

Section 3106(a) sets the test. It opens:

"(a) General rule.--The burden of proof to set aside a premarital agreement shall be upon the party alleging the agreement to be unenforceable. A premarital agreement shall not be enforceable if the party seeking to set aside the agreement proves, by clear and convincing evidence, that:"

Two grounds follow.

1. The agreement was not signed voluntarily

Under section 3106(a)(1), the agreement is unenforceable if the challenger proves that "the party did not execute the agreement voluntarily."

2. Disclosure fell short, on all three counts

Section 3106(a)(2) is conjunctive. The challenger must prove that, before signing, the party:

"(i) was not provided a fair and reasonable disclosure of the property or financial obligations of the other party; (ii) did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided; and (iii) did not have an adequate knowledge of the property or financial obligations of the other party."

Because the three conditions are joined by "and," proving only one of them does not meet this ground. A written, voluntary and express waiver of further disclosure, or adequate knowledge of the other party's finances, defeats the disclosure challenge under the statute's terms.

What section 3106 does not contain

Section 3106, as read in full, contains no unconscionability test, no requirement that each party have an independent lawyer, and no waiting period between receiving the agreement and signing it. Chapter 31 contains no specific rule on waiving spousal support in a premarital agreement. Those statements are limited to the Divorce Code text; this article does not cover case-law doctrines. Even though the statute does not require independent counsel, a lawyer licensed in Pennsylvania can draft or review these agreements.

Child support, custody and support terms

Section 3105 governs agreements on matters within the Divorce Code generally. It treats children's issues differently from money and property:

"A provision of an agreement regarding child support, visitation or custody shall be subject to modification by the court upon a showing of changed circumstances."

By contrast, under section 3105(c), a provision regarding the disposition of existing property rights and interests between the parties, alimony, alimony pendente lite, counsel fees or expenses "shall not be subject to modification by the court," unless the agreement provides otherwise. Section 3106 itself has no clause on children. For how support works, see Pennsylvania alimony laws.

Enforcing the agreement

Section 3105 lets a party use the Divorce Code's remedies to enforce an agreement on matters within the court's jurisdiction, "whether or not the agreement has been merged or incorporated into the decree." When the court decides property rights in a divorce, section 3104(a)(1) directs it to include "any rights created by any antenuptial, postnuptial or separation agreement."

This article did not verify a Pennsylvania statute on amending or revoking a premarital agreement, or on whether limitation periods are paused during the marriage.

Postnuptial agreements in Pennsylvania

Section 3106 covers only premarital agreements. The Divorce Code still recognizes agreements made during the marriage: section 3104(a)(1) refers to "antenuptial, postnuptial or separation" agreements, and section 3105's enforcement and modification rules apply to any agreement on matters within the Divorce Code. No postnuptial-specific enforceability statute was found in Chapter 31.

Property division without a prenup

Without an agreement, Pennsylvania divides marital property by equitable distribution. Section 3502(a) directs the court to "equitably divide, distribute or assign, in kind or otherwise, the marital property between the parties without regard to marital misconduct in such percentages and in such manner as the court deems just after considering all relevant factors." Section 3501(a)(2) excludes from marital property any "Property excluded by valid agreement of the parties entered into before, during or after the marriage." See Pennsylvania divorce laws.

Disclaimer: This article provides general legal information about premarital agreements under Pennsylvania's Divorce Code, 23 Pa.C.S. 3104 to 3106, 3501(a)(2) and 3502. It is not legal advice. The information was verified on 2026-10-08, and the law can change. For advice about your situation, consult a lawyer licensed in Pennsylvania.

Related

• Prenuptial agreement laws in every state
• Pennsylvania divorce laws
• Pennsylvania alimony laws
• Pennsylvania child support laws

Last updated: 2026-10-08.

Frequently Asked Questions

Are prenups enforceable in Pennsylvania?

Yes. Under 23 Pa.C.S. 3106(a), the party challenging a premarital agreement carries the burden, and the statute makes the agreement unenforceable if that party proves by clear and convincing evidence that it was not signed voluntarily or that the three disclosure conditions were all unmet.

Does a Pennsylvania prenup have to be notarized?

Section 3106 and the rest of Divorce Code Chapter 31 contain no notarization, witness or signature requirement. This article does not cover other sources of formal rules, so a lawyer licensed in Pennsylvania can confirm what applies.

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

Section 3106 contains no independent-counsel requirement. Lawyers licensed in Pennsylvania can draft or review these agreements.

Can a Pennsylvania prenup be challenged for lack of financial disclosure?

The disclosure ground in 23 Pa.C.S. 3106(a)(2) requires the challenger to prove all three conditions: no fair and reasonable disclosure, no voluntary and express written waiver of further disclosure, and no adequate knowledge of the other party's property or obligations.

Can a prenup decide child support or custody in Pennsylvania?

Under 23 Pa.C.S. 3105, agreement terms on child support, visitation or custody remain subject to modification by the court on a showing of changed circumstances.

Are postnuptial agreements valid in Pennsylvania?

The Divorce Code refers to antenuptial, postnuptial and separation agreements in 23 Pa.C.S. 3104(a)(1), and section 3105 lets a party enforce such an agreement with the Code's remedies.