Does Pennsylvania follow the Uniform Premarital Agreement Act?
Full Question:
Answer:
The Uniform Premarital Agreement Act ("UPAA") is a Uniform Act drafted by
the National Conference of Commissioners on Uniform State Laws in 1983.
The UPAA has been adopted by 26 states and the District of Columbia. The
states that have adopted it so far are Arizona, Arkansas, California,
Connecticut, Delaware, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Maine,
Montana, Nebraska, Nevada, New Jersey, New Mexico, North Carolina,
North Dakota, Oregon, Rhode Island, South Dakota, Texas, Utah, Virginia,
and Wisconsin.
Pennsylvania has not adopted this act. While once frowned upon by the
courts, a recent Pennsylvania Supreme Court case reinforces the fact that
premarital agreements will generally be enforced. To ensure that the
agreement will be binding, the parties must make a full and fair disclosure of
their financial worth. In addition, it may be desirable to have each party seek
advice from their own attorney. Since an agreement signed today may not
be fair in the future, the parties can agree to make adjustments based on
such factors as the length of the marriage or a change in the relative earning
capacities.
According to Pennsylvania law, prenuptial agreements are not binding on
issues of child custody and, on occasion, child support.
