Can a Prenuptial Agreement be Invalidated?

In Pennsylvania, the statute governs challenges to prenuptial agreements. The person challenging the validity of the agreement must bear the burden of proving that the agreement is unenforceable. The entire statute can be found here. Generally, as long as the person voluntarily signed the agreement and the parties provided a full and fair disclosure of their financial situations, a prenuptial agreement will be upheld in Pennsylvania.

In a recent case out of Dauphin County, the Superior Court of Pennsylvania reversed the trial court's finding the parties' prenuptial agreement valid. A divorce hearing officer conducted a full hearing and concluded that the wife had not had full and fair disclosure of the husband's assets and signed the agreement under duress. The husband appealed to the trial court, who disagreed with the divorce hearing officer and found the prenuptial agreement to be valid. However, because the trial judge did not conduct its own hearing and take evidence, the Superior Court reversed the trial court's decision, directing that the trial court make its own credibility determinations. The full opinion is available

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