In Pennsylvania, Can A Spouse Force Another To Sign A Prenup?

In the past, marital agreements were looked at suspiciously by some spouses who assumed that if they were being presented with such a contract, it was a sign that their spouse saw the marriage as doomed to failure from the beginning. But now that marital agreements, particularly prenuptial agreements, are becoming more widely used and not just among the wealthy, people are starting to see the benefits of these important legal documents.

If you’re like a lot of our Mechanicsburg readers though, you may only have a general knowledge of what a prenuptial agreement is, not all of the laws that dictate its use and enforcement. If this describes you perfectly, then you’ve come to the right place because today we’re going to be answering a question that commonly arises with these marital agreements.

In Pennsylvania, can a spouse force another to sign a prenup?

If your spouse wants to ensure the integrity of a prenuptial agreement, the answer to this question is no. That’s because, according to 23 Pa.C.S.A. § 3106(a) of our state’s General Provisions, a marital agreement becomes unenforceable if a party can prove that they signed the document involuntarily. This means that if a spouse were to force their partner to sign a marital agreement, it could be argued that they were under duress at the time of signing, therefore making the document invalid.

Whether you have a large fortune or not, it’s important to have a lawyer look over a marital agreement before you sign it. That’s because there could be provisions you’re agreeing to that might not be in your best interest after a divorce. By having a lawyer review the agreement, you can make sure that you’re signing a fair deal and not one you’ll regret later on.