PRINTER'S NO. 3553
No. 2578 Session of 1990
INTRODUCED BY LASHINGER, FOX, NAILOR, CHADWICK, VEON, DeLUCA,
FARGO, JOSEPHS, VROON, BILLOW, SEMMEL, MORRIS, TRELLO,
MOEHLMANN AND FARMER, MAY 23, 1990
REFERRED TO COMMITTEE ON JUDICIARY, MAY 23, 1990
AN ACT
1 Providing for premarital agreements and making uniform the law
2 relating thereto.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Short title.
6 This act shall be known and may be cited as the Uniform
7 Premarital Agreement Act.
8 Section 2. Definitions.
9 The following words and phrases when used in this act shall
10 have the meanings given to them in this section unless the
11 context clearly indicates otherwise:
12 "Premarital agreement." An agreement between prospective
13 spouses made in contemplation of marriage and to be effective
14 upon marriage.
15 "Property." An interest, present or future, legal or
16 equitable, vested or contingent, in real or personal property,
17 including income and earnings.
1 Section 3. Formalities.
2 A premarital agreement must be in writing and signed by both
3 parties. It is enforceable without consideration.
4 Section 4. Content.
5 (a) General rule.--Parties to a premarital agreement may
6 contract with respect to:
7 (1) The rights and obligations of each of the parties in
8 any of the property of either or both of them whenever and
9 wherever acquired or located.
10 (2) The right to buy, sell, use, transfer, exchange,
11 abandon, lease, consume, expend, assign, create a security
12 interest in, mortgage, encumber, dispose of, or otherwise
13 manage and control property.
14 (3) The disposition of property upon separation, marital
15 dissolution, death or the occurrence or nonoccurrence of any
16 other event.
17 (4) The modification or elimination of spousal support.
18 (5) The making of a will, trust or other arrangement to
19 carry out the provisions of the agreement.
20 (6) The ownership rights in and disposition of the death
21 benefit from a life insurance policy.
22 (7) The choice of law governing the construction of the
23 agreement.
24 (8) Any other matter, including their personal rights
25 and obligations, not in violation of public policy or a
26 statute imposing a criminal penalty.
27 (b) Child support.--The right of a child to support may not
28 be adversely affected by a premarital agreement.
29 Section 5. Effect of marriage.
30 A premarital agreement becomes effective upon marriage.
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1 Section 6. Amendment or revocation.
2 After marriage, a premarital agreement may be amended or
3 revoked only by a written agreement signed by the parties. The
4 amended agreement or the revocation is enforceable without
5 consideration.
6 Section 7. Enforcement.
7 (a) General rule.--A premarital agreement is not enforceable
8 if the party against whom enforcement is sought proves that:
9 (1) that party did not execute the agreement
10 voluntarily; or
11 (2) the agreement was unconscionable when it was
12 executed and, before execution of the agreement, that party:
13 (i) was not provided a fair and reasonable
14 disclosure of the property or financial obligation of the
15 other party;
16 (ii) did not voluntarily and expressly waive, in
17 writing, any right to disclosure of the property or
18 financial obligations of the other party beyond the
19 disclosure provided; and
20 (iii) did not have, or reasonably could not have
21 had, an adequate knowledge of the property or financial
22 obligations of the other party.
23 (b) Spousal support.--If a provision of a premarital
24 agreement modifies or eliminates spousal support and that
25 modification or elimination causes one party to the agreement to
26 be eligible for support under a program of public assistance at
27 the time of separation or marital dissolution, a court,
28 notwithstanding the terms of the agreement, may require the
29 other party to provide support to the extent necessary to avoid
30 that eligibility.
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1 (c) Issue of unconscionability.--An issue of
2 unconscionability of a premarital agreement shall be decided by
3 the court as a matter of law.
4 Section 8. Enforcement if marriage void.
5 If a marriage is determined to be void, an agreement that
6 would otherwise have been a premarital agreement is enforceable
7 only to the extent necessary to avoid an inequitable result.
8 Section 9. Limitation of actions.
9 A statute of limitations applicable to an action asserting a
10 claim for relief under a premarital agreement is tolled during
11 the marriage of the parties to the agreement. Equitable defenses
12 limiting the time for enforcement, including laches and
13 estoppel, are available to either party.
14 Section 10. Application and construction.
15 This act shall be applied and construed to effectuate its
16 general purpose to make uniform the law with respect to the
17 subject of this act among states enacting it.
18 Section 11. Severability.
19 The provisions of this act are severable. If any provision of
20 this act or its application to any person or circumstance is
21 held invalid, the invalidity shall not affect other provisions
22 or applications of this act which can be given effect without
23 the invalid provision or application.
24 Section 12. Applicability.
25 This act shall apply to any premarital agreement executed on
26 or after the effective date of this act.
27 Section 13. Effective date.
28 This act shall take effect immediately.
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