Does Pennsylvania have a version of the Uniform Premarital Agreement Act?

Full question:

Does Pennsylvania follow the Uniform Premarital Agreement Act? A modified version? A state version?

  • Category: Marriage
  • Subcategory: Premarital Agreements
  • Date:
  • State: Pennsylvania

Answer:

The Uniform Premarital Agreement Act (UPAA) was drafted in 1983 by the National Conference of Commissioners on Uniform State Laws and has been adopted by 26 states and the District of Columbia. However, Pennsylvania has not adopted the UPAA.

In Pennsylvania, premarital agreements are generally enforceable, as reinforced by a recent Pennsylvania Supreme Court case. To ensure that these agreements are binding, both parties must fully disclose their financial situations. It is also advisable for each party to seek independent legal advice.

Since a prenuptial agreement may not remain fair over time, the parties can agree to modify the terms based on factors like the length of the marriage or changes in income. It's important to note that Pennsylvania law states that prenuptial agreements cannot dictate terms regarding child custody or, in some cases, child support.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Some states have restrictions on prenups, but all states recognize them to some extent. However, states like Louisiana have specific rules that can limit the enforceability of certain provisions in prenuptial agreements. It's important to consult a local attorney to understand the specific laws in your state.