Historically, the courts have regarded marital agreements as a matter of public policy. The prevailing attitude was that a conjugal agreement transformed what was to be the most intimate and sacred bond into a financial arrangement. Then, in the late 1960s and early 1970s, something happened. Social values have developed and the courts have begun to realize that a marriage is a kind of financial convention in every respect. The courts began to understand that the practical considerations of marital agreements for couples, and as a result, they began to impose them. However, Pennsylvania is considered at the national level as a single state that maintains marriage contracts in circumstances that do not exist elsewhere. Pennsylvania law considers pre-marriage agreements to a large extent as business contracts between equal parties. Pennsylvania believes that two parties can accept what they want as long as each party discloses its financial situation, including debts, and there is no fraud, misrepresentation or coercion. The usual general contractual guarantees are considered sufficient protection for those who enter the prenups. The benefits of a marriage agreement go beyond the realm of divorce. A marriage agreement can protect a spouse`s wishes if he dies without a valid will. If a partner has children in another relationship, a prenup can ensure that separated pre-wedding assets are shared with those children. Even if there is a will, marital agreements can clarify and reinforce expectations in order to avoid costly legal disputes that are ultimately swept over the property.

Pennsylvania did not pass the Uniform Premarital Agreement Act – which was approved by the National Conference of Commissioners on State Uniform Laws as an attempt to tighten laws on marital agreements across the country. The Pennsylvania statutes are very similar to the UPAA, although they say little about whether or not the dietary status can be changed in a marital agreement. When creating a prenup, you should aim for two objectives: a fair trial and a fair trial. While the courts may have different views on what is and what is not, the process by which the prenup is negotiated and the terms of the agreement are generally the same in all 50 states. They do not need a prenup lawyer for the agreement to be legally binding. If both partners choose not to have a lawyer, they may waive the right of legal representation. By renouncing the right to “independent legal advice” from a lawyer representing each person, you both agree with the following statements: Terms of signature (Az.3106) – Both spouses must sign the contract. No further witnesses or confirmations are required, even if this is highly recommended. Keywords: Pennsylvania, pre-marital arrangement, marriage, antenuptial, real estate department, divorce, marriage, contract, alimony, disclosure, debts, fraud, coercion Clarify your legal representation.

Include the names and addresses of all lawyers related to your marriage contract. It is best to design a qualified family lawyer and/or verify the marital agreement to ensure that it is enforceable in court. Marital agreements protect a couple`s financial and property rights if they ever divorce. These include: According to the June 2015 Supreme Court ruling in Obergefell/. Hodges and the national legalization of same-sex marriage, the IRS on same-sex marriage for federal tax purposes. According to a 2013 Forbes article, same-sex couples already benefited from a marriage agreement before the Supreme Court`s pioneering ruling.