Prenuptial Agreement Lawyer in Greater Philadelphia

A prenuptial agreement (“prenup”) is a written contract signed by two people before they marry that decides how property, debts, income, and other financial matters will be handled during the marriage and if it ends. In Pennsylvania, prenups are governed by 23 Pa.C.S. § 3106 and are generally enforceable when entered into voluntarily and with fair and reasonable financial disclosure (or a written waiver of disclosure).

The Law Offices of Michael Kuldiner, P.C. drafts, reviews, and negotiates prenuptial and postnuptial agreements for clients across Bucks, Montgomery, and Philadelphia counties, with offices in Feasterville, Doylestown, Norristown, and Philadelphia. If you are planning a wedding and want to protect your assets, your business, or your peace of mind, our family-law attorneys can help. Call (215) 942-2100 to schedule a consultation.

What a Prenuptial Agreement Does — and Why It Matters

A prenuptial agreement lets a couple set their own rules instead of relying on Pennsylvania’s default divorce laws. Without a prenup, a court divides marital property under the equitable-distribution rules of 23 Pa.C.S. § 3502 and may award alimony based on the factors in 23 Pa.C.S. § 3701. A well-drafted prenup can:

Identify and protect separate (premarital) property
Address how property and debt acquired during the marriage will be treated
Set terms for — or waive — alimony and spousal support
Protect a family business, professional practice, or inheritance
Clarify financial responsibilities during the marriage
Coordinate with your estate plan to protect children from a prior relationship

A prenup cannot decide child support or child custody. Under Pennsylvania law, those issues are determined by the court based on the child’s best interests, and child support is calculated under the statewide support guidelines (the Income Shares model) set out in Pa.R.C.P. 1910.16-1 through 1910.16-7. Any prenup provision that tries to limit a child’s right to support is unenforceable.

Is a Prenup Enforceable in Pennsylvania? (23 Pa.C.S. § 3106)

Pennsylvania treats a prenuptial agreement much like any other contract. Under 23 Pa.C.S. § 3106, a premarital agreement is not enforceable only if the person challenging it proves, by clear and convincing evidence, that:

They did not execute the agreement voluntarily; or
The agreement was unconscionable when it was executed and, before signing, that person:
– was not provided a fair and reasonable disclosure of the other party’s property and financial obligations,
– did not voluntarily and expressly waive, in writing, any right to further disclosure beyond what was provided, and
– did not have adequate knowledge of the other party’s property and financial obligations.

By statute, the burden of proof to set aside the agreement is on the party alleging it is unenforceable. Notably, Pennsylvania courts do not require a prenup to be “fair” or evenly balanced to be valid. As the Pennsylvania Supreme Court held in Simeone v. Simeone, 525 Pa. 392, 581 A.2d 162 (1990), prenuptial agreements are evaluated under ordinary contract principles, and — absent fraud, misrepresentation, or duress — parties are bound by the terms of agreements they entered into.

Because the disclosure and voluntariness requirements are where most challenges succeed or fail, careful drafting matters. Working with a prenup lawyer helps ensure the agreement is built to withstand scrutiny.

What a Pennsylvania Prenup Can and Cannot Include

A prenup generally CAN address:
– Division of premarital and marital property and debts
– Treatment of a business, real estate, retirement accounts, and investments
– Alimony or spousal support (including a waiver)
– Each spouse’s financial rights and obligations during the marriage
– What happens to property on divorce, separation, or death
– Estate-planning coordination, such as waiving rights to a spouse’s estate

A prenup generally CANNOT:
– Set or limit child support
– Decide child custody or a parenting schedule
– Include anything that violates public policy or the law
– Be upheld where it was obtained through fraud, misrepresentation, or duress

Non-financial “lifestyle” provisions (for example, clauses about household chores, appearance, or personal conduct) are generally disfavored, and Pennsylvania courts may decline to enforce them. We focus prenups on the financial and property terms the law is designed to protect.

Finding a Prenup Lawyer Near You in Bucks, Montgomery & Philadelphia Counties

If you have searched for a “prenup lawyer near me,” our four office locations make it convenient to meet with a local attorney:

Feasterville (Bucks County)
Doylestown (Bucks County)
Norristown (Montgomery County)
Philadelphia (Philadelphia County)

As a prenup lawyer in Philadelphia and the surrounding suburbs, our team handles agreements for couples with a wide range of needs — from straightforward asset protection to complex situations involving businesses, blended families, and significant separate property. We also represent clients who have been asked to sign a prenup and want an independent review before signing.

Prenuptial vs. Postnuptial Agreements

A postnuptial agreement (“postnup”) is similar to a prenup but is signed after a couple is already married. Pennsylvania does not have a separate statute for postnups; instead, courts review them under general contract principles and the same full-and-fair-disclosure standard that applies to prenups. In Stoner v. Stoner, 572 Pa. 665, 819 A.2d 529 (2003), the Pennsylvania Supreme Court confirmed that the principles governing prenuptial agreements apply to postnuptial agreements as well, and that full and fair financial disclosure is required to uphold either type of agreement. Couples consider a postnup after a financial change, after starting a business, or to resolve issues without divorcing. We draft and review both.

Why Independent Counsel Helps Protect Your Agreement

While Pennsylvania does not require each spouse to have a lawyer for a prenup to be valid, having independent attorneys can strengthen the agreement and reduce the chance of a later challenge based on voluntariness or lack of understanding. A prenup lawyer can ensure financial disclosures are documented, the language is clear, and the agreement is signed with enough time before the wedding to avoid claims of pressure.

Frequently Asked Questions

What is a prenuptial agreement?

A prenuptial agreement is a written contract signed by two people before they marry that sets the terms for handling property, debts, income, and support if the marriage ends in divorce, separation, or death. In Pennsylvania it is governed by 23 Pa.C.S. § 3106. It lets a couple decide their own financial arrangements instead of relying on the state’s default divorce laws.

Is a prenup enforceable in Pennsylvania?

Yes. Under 23 Pa.C.S. § 3106, a prenup is enforceable unless the challenging party proves, by clear and convincing evidence, that it was not signed voluntarily or that there was no fair and reasonable financial disclosure (and no written waiver of disclosure and no adequate knowledge of the other party’s finances). Pennsylvania courts generally enforce prenups even if the terms are not equal, as long as those requirements are met.

How much does a prenup cost in PA?

The cost depends on the complexity of your finances and how much negotiation is involved. A simple agreement typically costs less than one involving businesses, multiple properties, or significant assets. Contact our office for a consultation and an estimate tailored to your situation.

What can and cannot be included in a PA prenup?

A PA prenup can address property division, debts, business interests, retirement accounts, estate rights, and alimony or spousal support, including a waiver. It cannot set or limit child support, decide custody, or include terms that are illegal or against public policy. Any provision attempting to restrict a child’s right to support is unenforceable.

Do I need a lawyer for a prenup?

Pennsylvania does not require a lawyer for a prenup to be valid, but having independent legal counsel for each spouse is strongly recommended. A lawyer helps ensure full financial disclosure, clear language, and proper timing — the factors that most often determine whether an agreement holds up. This reduces the risk of a later challenge.

When should we sign a prenup before the wedding?

Pennsylvania law does not set a specific deadline for signing a prenup. As a practical matter, signing well in advance of the wedding — ideally several weeks or months — helps show the agreement was entered into voluntarily and without last-minute pressure. Signing on the eve of the wedding can invite a claim that one party was coerced.

Can a prenup be challenged or thrown out in PA?

Yes, but it is difficult. A prenup can be set aside only if the challenging party proves, by clear and convincing evidence, that it was signed involuntarily or without fair disclosure (and without a written waiver and adequate knowledge of the other party’s finances), as set out in 23 Pa.C.S. § 3106. Fraud, misrepresentation, or duress can also be grounds to invalidate an agreement.

What is the difference between a prenup and a postnup?

A prenuptial agreement is signed before marriage; a postnuptial agreement is signed after the couple is already married. Both address property, debts, and support, but PA has no separate statute for postnups, so courts review them under contract principles and the same full-and-fair-disclosure standard. The timing is the main difference.

Speak With a Prenuptial Agreement Lawyer Today

Whether you are drafting a prenup, reviewing one before you sign, or considering a postnuptial agreement, the family-law attorneys at The Law Offices of Michael Kuldiner, P.C. can guide you through Pennsylvania law with clear, practical advice. Call (215) 942-2100 or schedule a consultation at our Feasterville, Doylestown, Norristown, or Philadelphia office.
“`

This page is attorney advertising and is provided for general informational purposes only. It is not legal advice and does not create an attorney-client relationship. Prior results do not guarantee a similar outcome. Please consult a licensed Pennsylvania attorney about your specific situation.