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§ 3106. Premarital agreements

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 23 Pa.C.S.A. Domestic RelationsEffective: January 28, 2005

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 23 Pa.C.S.A. Domestic Relations (Refs & Annos)
Part IV. Divorce
Chapter 31. Preliminary Provisions (Refs & Annos)
Effective: January 28, 2005
23 Pa.C.S.A. § 3106
§ 3106. Premarital agreements
Currentness
(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:
(1) the party did not execute the agreement voluntarily; or
(2) the party, before execution of the agreement:
(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.
(b) Definition.--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.

Credits

2004, Nov. 29, P.L. 1357, No. 175, § 2, effective in 60 days [Jan. 28, 2005].
23 Pa.C.S.A. § 3106, PA ST 23 Pa.C.S.A. § 3106
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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