PENNSYLVANIA PRENUPTIAL AGREEMENT

(Comprehensive Template – Court-Ready Draft)

[// GUIDANCE: This template is drafted for marriages to be solemnized in Pennsylvania and is intended to comply with 23 Pa. Cons. Stat. § 3106 (Premarital Agreements). Practitioners should confirm no subsequent statutory amendments or controlling case law alter enforceability requirements prior to use.]

TABLE OF CONTENTS

1. Document Header & Recitals
2. Definitions
3. Operative Provisions
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block
11. Schedules & Exhibits

1. DOCUMENT HEADER & RECITALS

PRENUPTIAL AGREEMENT
(this “Agreement”)

Parties:
• [Legal Name of Party A] (“Party A”)
• [Legal Name of Party B] (“Party B”)

Effective Date: [●] (“Effective Date”)

Contemplated Marriage: The Parties contemplate marriage on or about [Wedding Date] in [County], Pennsylvania, and desire to fix and determine their respective property rights, obligations, and other matters as set forth herein.

Consideration: Mutual promises herein, the contemplated marriage, and other good and valuable consideration, the receipt and sufficiency of which are acknowledged.

Governing Law & Forum: This Agreement shall be governed by and construed in accordance with the domestic relations law of the Commonwealth of Pennsylvania; exclusive jurisdiction for all proceedings lies in the Court of Common Pleas – Family Division of [County] (“Designated Court”).

[// GUIDANCE: Under PA law, jury trials are not available in family-law equity matters; do not add a jury-waiver clause.]

2. DEFINITIONS

For purposes of this Agreement, capitalized terms have the following meanings:

“Affiliate” – any entity controlled by, controlling, or under common control with a Party.
“Commingled Property” – any property in which both Premarital and Marital contributions are inseparably combined.
“Disclosure Statement” – the written statement of a Party’s assets, liabilities, and income delivered pursuant to § 4.1(a).
“Marital Property” – Property acquired by either Party on or after the date of marriage except Excluded Property.
“Premarital Property” – all Property owned by a Party as of the Effective Date.
“Property” – real, personal, tangible, intangible, vested or contingent interests of any nature.
“Separate Debt” – any indebtedness for which one Party is solely liable under § 3.5.
“Unconscionable” – as defined under applicable Pennsylvania law at the time enforcement is sought.

[// GUIDANCE: Add additional defined terms as necessary for complex estates.]

3. OPERATIVE PROVISIONS

3.1 Classification of Property
a. Each Party’s Premarital Property is and shall remain that Party’s Separate Property.
b. Marital Property shall be subject to equitable distribution only as modified by this Agreement.
c. Title Presumption. Record title constitutes prima facie evidence of intended ownership classification.

3.2 Management & Control
Each Party retains sole management, control, and power of disposition over his or her Separate Property.

3.3 Acquisition of Joint Property
a. Express Writing Required. Property jointly titled in both Parties’ names shall be presumed Marital Property unless otherwise specified in a contemporaneous written instrument.
b. Contribution Tracking. Contributions toward Joint Property shall be documented to avoid future disputes.

3.4 Disposition upon Dissolution or Legal Separation
a. Separate Property. Awarded to the owning Party free and clear of any claim by the other.
b. Marital Property. Divided in the proportions set forth on Schedule 1 (Division Matrix) or, if not specified, in equal shares.
c. Appreciation & Income. Passive appreciation on Separate Property remains Separate; active appreciation attributable to the non-owning spouse’s material efforts shall be classified pursuant to § 3.3.

3.5 Debts
a. Separate Debt. Remains the sole obligation of the incurring Party.
b. Joint Debt. Shared in the same proportion as Marital Property unless Schedule 2 provides otherwise.
c. Indemnity. See § 7.1 for mutual indemnification relating to Separate Debt.

3.6 Waiver of Alimony & Spousal Support
Each Party knowingly and voluntarily waives any right to post-separation support, alimony pendente lite, or alimony, except as may be provided on Schedule 3.

3.7 Estate Rights & Elective Share
Each Party waives any right to claim an intestate share, elective share, family exemption, or similar statutory share in the other Party’s estate, subject to any revocable provision in the last will and testament of the deceased Party.

3.8 Child-Related Matters
Nothing in this Agreement limits or waives the right of any child to support, custody, or visitation determinations, which remain subject to Pennsylvania law and court oversight.

3.9 Conditions Precedent
This Agreement becomes void ab initio if the contemplated marriage does not occur on or before [Outside Date].

4. REPRESENTATIONS & WARRANTIES

4.1 Full and Fair Disclosure
a. Each Party has delivered to the other a true and complete Disclosure Statement, attached hereto as Exhibit A-[Party A] and Exhibit A-[Party B].
b. Each Party acknowledges receipt and satisfactory review of the other Party’s Disclosure Statement at least [X] calendar days before signing.

4.2 Independent Legal Counsel
Each Party (i) has been advised to obtain, and (ii) has had the opportunity to consult with, independent legal counsel of his or her choosing. [Check one: ☐ Party A retained counsel ☐ waived | ☐ Party B retained counsel ☐ waived.]

4.3 Voluntariness
Execution is free of fraud, duress, coercion, or undue influence.

4.4 Accuracy of Representations
All statements in the Disclosure Statements are materially accurate and complete as of the Effective Date.

4.5 Survival
The representations and warranties herein survive the marriage and any dissolution thereof.

5. COVENANTS & RESTRICTIONS

5.1 Further Assurances
Each Party shall sign and deliver further instruments necessary to effectuate this Agreement, including deeds, assignments, releases, and governmental filings.

5.2 Maintenance of Records
Each Party must maintain books and records sufficient to trace Separate Property during the marriage.

5.3 Prohibition on Transfers in Fraud of Rights
Neither Party shall transfer, encumber, or conceal assets with actual intent to defeat the rights of the other Party under this Agreement.

5.4 Notice of Significant Changes
Each Party shall promptly notify the other of any single acquisition or disposition of Property exceeding $[Threshold] in value.

6. DEFAULT & REMEDIES

6.1 Events of Default
Any of the following constitutes an “Event of Default”:
a. Material breach of any covenant herein;
b. Material misrepresentation in a Disclosure Statement;
c. Attempt to set aside or invalidate this Agreement absent good-faith legal basis.

6.2 Cure Period
The non-defaulting Party shall provide written notice specifying the default. The defaulting Party has thirty (30) days to cure, except that Events of Default under § 6.1(c) are not subject to cure.

6.3 Remedies
a. Specific Performance. The non-defaulting Party may seek specific performance or injunctive relief.
b. Monetary Damages. Compensatory damages limited per § 7.2.
c. Fee-Shifting. The defaulting Party shall indemnify the non-defaulting Party for reasonable attorneys’ fees and costs incurred in enforcement.

7. RISK ALLOCATION

7.1 Mutual Indemnification
Each Party (“Indemnitor”) shall indemnify, defend, and hold harmless the other Party and his or her Affiliates (“Indemnitee”) from all losses arising out of (i) Separate Debt of the Indemnitor, (ii) breach of this Agreement, or (iii) material inaccuracies in the Indemnitor’s Disclosure Statement.

7.2 Liability Cap
Except for fraud, willful misconduct, or obligations expressly stated as uncapped, the aggregate liability of either Party in any twelve-month period shall not exceed $[Cap Amount] (“Liability Cap”).

7.3 Exclusion of Certain Damages
Neither Party shall be liable for punitive or consequential damages except where awarded for intentional concealment or fraud.

7.4 Force Majeure
Neither Party shall be liable for non-performance caused by events beyond reasonable control (e.g., acts of God, war, governmental action) except payment or delivery obligations for which alternative performance is reasonably possible.

8. DISPUTE RESOLUTION

8.1 Good-Faith Negotiation
Parties shall first attempt to resolve any dispute by confidential negotiation for at least fifteen (15) days.

8.2 Limited Arbitration
a. Scope. Property valuation disputes only may be submitted to binding arbitration administered by the American Arbitration Association under its Family Law Arbitration Rules.
b. Exclusions. Issues of child custody/support and validity/enforceability of this Agreement are reserved exclusively for the Designated Court.
c. Award. Any arbitral award may be entered as a judgment in the Designated Court.

8.3 Court Proceedings
Absent or after arbitration, any unresolved dispute shall be filed exclusively in the Designated Court, which shall have continuing jurisdiction.

8.4 Injunctive Relief
Notwithstanding § 8.1 or § 8.2, a Party may seek temporary, preliminary, or permanent injunctive relief (including specific performance) in the Designated Court without first complying with negotiation or arbitration requirements.

9. GENERAL PROVISIONS

9.1 Amendment & Waiver
Must be in a written instrument signed by both Parties and acknowledged before a notary public. No waiver of any breach shall be deemed a waiver of any subsequent breach.

9.2 Assignment; Successors & Assigns
Neither Party may assign rights or delegate obligations without the prior written consent of the other. This Agreement binds and inures to the benefit of the Parties and their respective heirs, personal representatives, and permitted assigns.

9.3 Severability & Reformation
If any provision is deemed invalid or unenforceable, the remainder shall remain in force; the invalid provision shall be reformed to the minimum extent necessary to render it enforceable while preserving the Parties’ original intent.

9.4 Integration/Merger
This Agreement (including all Schedules and Exhibits) constitutes the entire understanding of the Parties regarding the subject matter and supersedes all prior oral or written agreements.

9.5 Counterparts & Electronic Signatures
This Agreement may be executed in any number of counterparts, each of which is deemed an original and all of which together constitute one instrument. Signatures transmitted electronically (e.g., via PDF or DocuSign) shall be deemed original signatures for all purposes.

9.6 Interpretation
Headings are for convenience only and shall not affect interpretation. The Parties acknowledge equal drafting responsibility; therefore, no presumption shall arise against either Party in interpretation.

9.7 Tax Treatment
Each Party shall bear his or her own tax consequences arising from this Agreement and shall cooperate in filing individual or joint tax returns as mutually agreed.

10. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties execute this Agreement as of the Effective Date.

NOTARY ACKNOWLEDGMENT

Commonwealth of Pennsylvania
County of [__]

On this ___ day of _, 20_, before me, the undersigned Notary Public, personally appeared _____ and _________, known to me (or satisfactorily proven) to be the persons whose names are subscribed to this instrument, and acknowledged that they executed the same for the purposes therein contained.

Notary Public: ______
My Commission Expires: _______

11. SCHEDULES & EXHIBITS

• Schedule 1 – Marital Property Division Matrix
• Schedule 2 – Allocation of Joint Debts
• Schedule 3 – Agreed Spousal Support (if any)
• Exhibit A-[Party A] – Party A Disclosure Statement
• Exhibit A-[Party B] – Party B Disclosure Statement

[// GUIDANCE: Attach asset/liability schedules in sufficient detail to satisfy “full and fair disclosure.” Advise clients to update schedules immediately before wedding if asset values fluctuate materially.]

PRACTITIONER CHECKLIST

1. Confirm each Party receives a signed counterpart at least seven (7) days before the wedding to mitigate duress claims.
2. Verify comprehensive asset/liability schedules are initialed by both Parties.
3. Ensure independent counsel acknowledgments (or explicit written waivers) are retained in file.
4. Re-confirm wedding date; if postponed beyond the Outside Date, re-execute or amend.
5. File a certified copy with the Parties’ estate-planning counsel for consistency with wills and trusts.

© [Year] [Law Firm / Author]. All rights reserved. This template is provided for attorney use and requires professional customization before client execution.