Suddenly, it’s summer and the phone starts to ring with clients asking questions about prenuptial agreements. Though perhaps an awkward conversation for those aiming for a lifetime of happiness, it is a “must-do” for certain people even if they don’t know exactly what it entails. Prenuptial agreements are complicated documents that often alter parties’ rights in the event of divorce and sometimes in death. It’s important for both prospective spouses to understand the terms and conditions in order to proceed in wedded bliss.

Prenuptial agreements are governed by 23 Pa.C.S. Section 3106 and defined as “an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage.” Generally, a premarital agreement will be found valid if: it is entered into voluntarily; and before the agreement is signed each party was provided with full and reasonable disclosure of the assets and financial obligations of the other party; voluntarily and expressly waived, in writing, any right to asset disclosure and financial obligations beyond that provided; and had adequate knowledge of the property and financial assets of the other party. See, 23 Pa.C.S. Section 3106.

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