Tenacity is the key to enforcing prenuptial agreements, divorce settlements, and support agreements. If you’ve devoted your energy to preparing a family law agreement, you want it to be honored. Like most states, the Pennsylvania courts have a keen interest in enforcing prenuptial agreements and settlements, unless there is strong evidence to prove lack of full and fair disclosure, or duress, fraud or misrepresentation. Simeone v. Simeone, 525 Pa. 392, 581 A.2d 162 (1990); In re Estate of Geyer, 516 Pa. 492, 533 A.2d 423 (1987); Laudig v. Laudig, 624 A.2d 651 (Pa.Super.1993).
In fact, Pennsylvania law supplies a presumption in favor of enforcement, which must be overcome if a spouse claims that the prenuptial agreement or settlement should be set aside. In Pennsylvania, under the long-standing authority of Simeone v. Simeone, 525 Pa. 392, 581 A.2d 162 (1990), premarital agreements are presumed to be valid unless there has been a lack of full and fair disclosure. The same standard applies to post-nuptial agreements and marital settlement agreements.