§ 3106. Premarital agreements.
(a) General rule.--The burden of proof to set aside a premarital agreement shall be upon the party alleging
the agreement to be unenforceable. A premarital agreement shall not be enforceable
if the party seeking to set aside the agreement proves, by clear and convincing evidence,
that:
(1) the party did not execute the agreement voluntarily; or
(2) the party, before execution of the agreement:
(i) was not provided a fair and reasonable disclosure of the property or financial obligations
of the other party;
(ii) did not voluntarily and expressly waive, in writing, any right to disclosure of the
property or financial obligations of the other party beyond the disclosure provided;
and
(iii) did not have an adequate knowledge of the property or financial obligations of the
other party.
(b) Definition.--As used in this section, the term "premarital agreement" means an agreement between
prospective spouses made in contemplation of marriage and to be effective upon marriage.
(Nov. 29, 2004, P.L.1357, No.175, eff. 60 days)
2004 Amendment. Act 175 added section 3106. Section 5(2) of Act 175 provided that section 3106 shall
apply to premarital agreements executed on or after the effective date of par. (2).
Notes of Decisions
Cited in
4
cases (
1 in the last 5 years), 2013–2024 · leading case:
Lugg v. Lugg, 64 A.3d 1109 (Pa. Super. Ct. 2013).
Lugg v. Lugg, 64 A.3d 1109 (Pa. Super. Ct. 2013).
· cites it 3× “We note, too, that the legislature adopted the Simeone approach in 23 Pa.C.S. § 3106, by allowing, in relevant part, a party to waive economic disclosure in terms of a prenuptial agreement, as long as the waiver is voluntary and in writing.”
Bennett, P. v. Bennett, P., 168 A.3d 238 (Pa. Super. Ct. 2017).
“The Court rebuffed that reasoning in light of the legislature’s adoption of 23 Pa.C.S. § 3106, which allows á party to waive economic disclosure in a prenuptial agreement, and our High Court’s prior reasoning in Stoner, supra, that “pre-and post-nuptial agreements are to be…”
Cole, J. v. Cole, L. (Pa. Super. Ct. 2017).
· cites it 3× “23 Pa.C.S. § 3106. By its express terms, Section 3106 applies only to agreements “between prospective spouses made in contemplation of marriage.”
Smedley, K. v. Smedley, M. (Pa. Super. Ct. 2024).
“Did the trial court fail to vacate the 10/21/2022 order due to the fact that there wasn’t full disclosure as required by 23 Pa.C.S. § 3106 and therefore, the 10/21/22 mutual ____________________________________________ that the issue concerning the denial of modification and…”
23 Pa. Cons. Stat. § 3106(a)(2)(h): 1 case
Lugg v. Lugg, 64 A.3d 1109 (Pa. Super. Ct. 2013).
“We note, too, that the legislature adopted the Simeone approach in 23 Pa.C.S. § 3106, by allowing, in relevant part, a party to waive economic disclosure in terms of a prenuptial agreement, as long as the waiver is voluntary and in writing.”
23 Pa. Cons. Stat. § 3106(b): 1 case
Cole, J. v. Cole, L. (Pa. Super. Ct. 2017).
“23 Pa.C.S. § 3106. By its express terms, Section 3106 applies only to agreements “between prospective spouses made in contemplation of marriage.”
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