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Pennsylvania · Through 2026-07-29 (Statute Update stamp, 23 Pa.C.S.)

23 Pa.C.S. § 3106: Premarital agreements.

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Where this section sits in the code
  1. Title 23 - DOMESTIC RELATIONS
  2. PART IV DIVORCE
  3. CHAPTER 31 PRELIMINARY PROVISIONS

(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.

Collected 2026-09-02T16:31:43Z. Source file · JSON

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