Something Borrowed, Something Blue, and Ideally a Prenuptial Agreement

Nobody walks down the aisle planning to get divorced. But plenty of people end up in a conference room a few years later wishing they had thought ahead. A prenuptial agreement is not a bet against your marriage. It is what clear-headed, happy people do to protect each other before things get complicated.

What Is a Prenuptial Agreement?

A prenuptial agreement (also called a premarital agreement) is a written contract signed before marriage. It defines how assets, debts, and financial matters will be handled during the marriage and, if it comes to it, upon divorce or death.

In Pennsylvania, prenuptial agreements are governed by the Uniform Premarital Agreement Act, 23 Pa. C.S. §§ 3101–3110. Courts will generally enforce them if the agreement was entered into voluntarily, with full financial disclosure, and without unconscionable terms. Translated: you cannot pressure your future spouse into signing, and you cannot hide what you own.

Good Reasons to Have One

Prenups are not just for celebrities and billionaires. They make sense in a lot of everyday situations:

• One or both of you is entering the marriage with significant assets, a business, or an expected inheritance.

• Either of you has children from a prior relationship and wants to protect assets for those children.

• There is a significant income gap between you.

• One of you is leaving the workforce to raise children and wants defined financial protections in place.

• One of you is bringing real debt into the marriage and the other wants to limit their exposure.

• You want to spell out financial responsibilities during the marriage itself, not just at the end.

What Can (and Cannot) Be Included

Pennsylvania law gives prenuptial agreements broad reach. You can cover division of property on divorce or death, spousal support and alimony terms, protection of business interests, how existing debts are treated, and each party's inheritance rights.

What you cannot do is lock in child custody or child support terms. Courts will not enforce those provisions. The law reserves that authority for the judge at the time of any future proceeding, based on the circumstances that exist then. You also cannot include anything unconscionable or that requires illegal conduct.

Where Prenups Go Wrong

A prenup that is not done right can be challenged or thrown out entirely. Here is what we see go sideways most often:

No independent counsel. If one party did not have their own attorney, a court will look at that agreement much more skeptically. Each person should have separate representation.

Signing the night before the wedding. An agreement signed under time pressure can be challenged as involuntary. Start the conversation weeks before the ceremony, not days.

Hiding assets. Pennsylvania requires full and fair financial disclosure. If one party concealed assets or understated liabilities, the agreement can be voided. This is not the place to be creative with numbers.

One-sided terms. Courts can refuse to enforce provisions that are grossly unfair. An agreement that leaves one spouse with nothing while the other walks away with everything is not going to hold up.

Shaking hands on it. Under 23 Pa. C.S. § 3104, a prenuptial agreement must be in writing and signed by both parties. A verbal understanding means nothing legally.

The Bottom Line

A well-done prenuptial agreement is not a pessimistic document. It is a transparent one. It brings both people to the table with honest financial disclosure and clear expectations, which is a pretty solid way to start a marriage.

If you are thinking about a prenup, or your partner just brought it up and you are not sure how to feel about it, give us a call. Ludwig, Everett & Tomb handles family law matters throughout Indiana County and the surrounding area. We can draft the agreement, review one that has been presented to you, or just walk you through what it all means. Reach us at (724) 349-3908.