PA · Manually written guide
Pennsylvania codifies its principal challenges to premarital-agreement enforcement in 23 Pa.C.S. section 3106, with separate attention to voluntary execution and financial disclosure or knowledge.23 Pa.C.S. § 3106(a)(1)23 Pa.C.S. § 3106(a)(2)
The statute places a clear-and-convincing evidence burden on the party opposing enforcement, making the quality of the execution and disclosure record especially important.23 Pa.C.S. § 3106(a)(1)23 Pa.C.S. § 3106(a)(2)
Formation and lifecycle
Section 3106 defines a premarital agreement and requires an express waiver of additional financial disclosure to be in writing, but it does not state a comprehensive writing-and-signature formality for the agreement itself.
23 Pa.C.S. § 3106(a)(2)(ii), (b)Act 175 added section 3106 on November 29, 2004, effective in 60 days, and made it applicable to premarital agreements executed on or after that effective date.
2004 Pa. Laws 175, §§ 3, 5(2), 6; 23 Pa.C.S. § 3106 historyWhat the agreement addresses
Section 3105 supplies court enforcement remedies for agreements concerning matters within the Divorce Code and specifically addresses existing property rights, alimony, alimony pendente lite, counsel fees, and expenses.
23 Pa.C.S. § 3105(a), (c)A provision concerning child support, visitation, or custody remains subject to court modification upon changed circumstances.
23 Pa.C.S. § 3105(b)Unless the agreement specifically provides otherwise, provisions addressing existing property rights, alimony, alimony pendente lite, counsel fees, or expenses are not subject to court modification.
23 Pa.C.S. § 3105(c)Musko's majority enforced reciprocal language barring money, property, alimony, or support as unambiguously reaching alimony pendente lite even though the clause did not use that exact statutory term.
Musko v. Musko, 548 Pa. 378, 697 A.2d 255 (1997)Process evidence
The party seeking to set aside a premarital agreement bears the burden to prove involuntary execution by clear and convincing evidence.
23 Pa.C.S. § 3106(a)(1)The disclosure branch requires the challenger to prove all three conditions before execution: no fair and reasonable disclosure, no voluntary express written waiver of additional disclosure, and no adequate knowledge of the other party's property or financial obligations.
23 Pa.C.S. § 3106(a)(2)Simeone treats premarital agreements as contracts, rejects a per se independent-counsel requirement, preserves full and fair financial disclosure, and binds parties absent fraud, misrepresentation, or duress.
Simeone v. Simeone, 525 Pa. 392, 581 A.2d 162 (1990)Simeone affirmed rejection of duress where the final agreement arrived on the wedding eve but the credited record showed months of prior discussion and ample opportunity to seek counsel.
Simeone v. Simeone, 525 Pa. 392, 581 A.2d 162 (1990)Porreco concluded that the claimed ring-value misrepresentation lacked justifiable reliance and remanded the distinct confidential-relationship issue.
Porreco v. Porreco, 571 Pa. 61, 811 A.2d 566 (2002) (opinion announcing judgment)Hypotheticals, not outcomes
These examples show how document facts can intersect with the cited sources. They do not predict a court result.
A signed agreement contains a waiver of additional disclosure but sparse property information. Pennsylvania's statute requires counsel to examine waiver and adequate knowledge together with the actual disclosure.23 Pa.C.S. § 3106(a)(2)
Is the written waiver effective, and what evidence establishes adequate knowledge?
A party describes substantial pressure during the signing period. Section 3106 identifies involuntary execution as a statutory challenge subject to its evidentiary burden.23 Pa.C.S. § 3106(a)(1)
What admissible facts bear on voluntariness and the clear-and-convincing evidence burden?
Common starting points
Answers are deliberately scoped to the cited evidence package and should be checked against current law.
Section 3106 places a clear-and-convincing evidence burden on the party opposing enforcement for the statutory grounds catalogued here.23 Pa.C.S. § 3106(a)(1)23 Pa.C.S. § 3106(a)(2)
The disclosure source addresses fair and reasonable disclosure, written waiver, and adequate knowledge.23 Pa.C.S. § 3106(a)(2)
No. The cited statute identifies the issue and burden; counsel must evaluate the evidence and current case law.23 Pa.C.S. § 3106(a)(1)
Prepare for independent advice
Bring the agreement, every exhibit, prior drafts, disclosure records, and a signing timeline. Then use the source-linked questions as an interview guide.
What contract-formation proof and written waiver evidence exist?23 Pa.C.S. § 3106(a)(2)(ii), (b)
What admissible evidence bears on voluntary execution?23 Pa.C.S. § 3106(a)(1)
What evidence addresses every component of section 3106(a)(2)?23 Pa.C.S. § 3106(a)(2)
Which requested remedy and clause fall within section 3105?23 Pa.C.S. § 3105(a), (c)
Does a child-related term require current judicial review or modification?23 Pa.C.S. § 3105(b)
Does the agreement expressly reserve modification of the disputed economic provision?23 Pa.C.S. § 3105(c)
Was the agreement executed before or after section 3106 became applicable?2004 Pa. Laws 175, §§ 3, 5(2), 6; 23 Pa.C.S. § 3106 history
How does the preserved record fit Simeone and the later codified section 3106?Simeone v. Simeone, 525 Pa. 392, 581 A.2d 162 (1990)
What does the complete pre-signing chronology establish, rather than the signature date alone?Simeone v. Simeone, 525 Pa. 392, 581 A.2d 162 (1990)
What specific representation, reliance, injury, and relationship evidence is supported?Porreco v. Porreco, 571 Pa. 61, 811 A.2d 566 (2002) (opinion announcing judgment)
Does the complete clause unambiguously reach the specific support remedy requested?Musko v. Musko, 548 Pa. 378, 697 A.2d 255 (1997)
Known boundaries