Prenuptial agreements, also known as "prenups," are legal contracts partners enter into before marriage that outline the distribution of assets, debts, and financial responsibilities in the event of divorce or death. Pennsylvania enforces prenups upon meeting legal requirements, but when a Protection From Abuse (PFA) order is involved, it can significantly impact the terms and enforceability.
When plaintiffs seek civil orders like PFAs, those accused must know that many of the provisions agreed to in a prenup can be deemed unenforceable. Judges can move to require financial support from the accused, evict them from their homes, and cause dire situations that threaten employment. As soon as you're aware of a civil order against you, contact a team that can assist you through the long and complex process.
The LLF Law Firm Family Law Team understands that situations concerning PFAs can quickly take an emotional toll on spouses, children, and other parties involved. Since there are different implications when prenups become an order to navigate, we can take the stress out of court procedures so you can stay focused on your life and family. Call us at 888-535-3686 or fill out our confidential consultation form now.
How Pennsylvania Treats Prenuptial Agreements
Pennsylvania is not one of the signatory states of the Uniform Premarital Agreement Act that governs prenuptial agreements nationwide. However, the commonwealth retains statutory law validating prenups and details the rules and regulations for enforcement. For a prenuptial agreement to be valid and enforceable in Pennsylvania, it must meet the following criteria:
- Fair and Reasonable Terms: The terms should not be unconscionable at the time of enforcement, meaning they must not excessively favor one party.
- Full Disclosure: Before signing, each party must fully disclose assets, liabilities, and financial obligations.
- Voluntary Execution: Both parties must have ample time to consider the agreement and have entered into it voluntarily, without duress or coercion.
The context of agreements depends on what the parties desire after divorce or death. Common provisions include division of assets, debt allocation, spousal support, and estate rights. Nevertheless, prenups aren't a catch-all for future scenarios. Pennsylvania places some limitations on what parties may include in agreements, such as:
- Contradictions of Public Policy: Prenups cannot challenge laws or regulations or inhibit Pennsylvania's interest in protecting its citizens from harm.
- Provisions for Child Custody or Support: A judge decides child-related matters based on the child's best interests at the time of the dispute.
- Restrictions of Legal Rights: Agreements cannot waive one party's right to seek civil orders for protection against alleged abuse or harassment.
Some unenforceable provisions of a prenup would be imposing financial penalties on a party for seeking a civil order like a PFA. Also, prenups cannot require any party to exhaust arbitration or mediation procedures before court intervention.
What Is a Protection From Abuse Order?
PFAs are civil orders used to protect victims of alleged domestic and relationship violence. Under Pennsylvania law, only some individuals are eligible to seek protection, like:
- Children, parents, and other biological relatives or those related by marriage.
- Current or former intimate or sexual partners.
- Current or former spouses or persons who lived as spouses.
Petitioners must have been abused physically or sexually, been falsely imprisoned, or be in reasonable fear of abuse because of threats. Critically, something as seemingly minor as a phone call made by the PFA defendant to the plaintiff can constitute abuse when the accusing party has evidence related to the accused's past history of related acts.
A final PFA requires a hearing between the petitioner and the defendant. However, petitioners can seek a temporary order on an ex parte basis, which means the defendant named in the petition does not have to be present in court. Orders remain in effect until a hearing is held with the defendant present, which must commence within ten business days.
Consequences of PFAs
Courts can award plaintiffs various forms of relief and damages from plaintiffs in the final order. Provisions rely on the nuances of individual cases, but common mandates include:
- Granting the plaintiff sole possession of a shared residence.
- Requiring the defendant to pay for legal fees and abuse-related damages.
- Instituting forms of spousal or child support.
- Establishing no-contact orders, which can include shared children.
- Awarding temporary child custody to the plaintiff.
A judge's order can also affect defendants beyond immediate family matters. If the defendant holds a professional license as a teacher, accountant, nurse, or one in dozens of other occupations, a civil order can call credentials into question with the potential for disciplinary action. Furthermore, volunteering opportunities may cease with vulnerable populations, like coaching children's sports teams or guiding school groups, as community organizations, along with law enforcement, are notified about those named in PFAs.
How Do PFAs Affect Prenups?
When a PFA order is issued, it introduces a new dimension to the enforceability and terms of a prenuptial agreement. Two significant issues concerning validity are the essence of fairness and voluntariness in the agreement.
If one party obtains a PFA against the other due to abuse, it raises questions about whether the prenup was created and signed willingly. Evidence of abuse can support claims that the agreement was executed under duress or coercion, and critically, a prenup is rendered invalid and unenforceable if a party did not perform it voluntarily.
Additionally, granting a PFA may highlight issues regarding the fairness and full disclosure of the prenuptial agreement. For instance, one party may have concealed assets or misrepresented financial information, violating the full and fair disclosure requirement. This lack of transparency can render the prenup unenforceable, and the imbalance alleged can also mean the plaintiff felt they were unable to question or verify the disclosures made by the defendant, further undermining the agreement's validity.
While allegations alone can place a defendant under the confines of a PFA, the burden of proof needed lies with the plaintiff when alleging the agreement to be unenforceable because of actions listed in the petition. Courts have the authority to override or modify provisions outlined in a prenup regardless of waivers made by any party. For instance, if the plaintiff waived alimony, the judge may or may not institute it depending on whether its absence would leave the other party destitute. Nevertheless, there are far more changes an order can have on prenups.
Can a Prenuptial Agreement Resolve Child Custody and Child Support?
Parents cannot determine child support or custody issues in a prenuptial agreement—only children possess the right to child support. Moreover, parents and the courts cannot decide on child support and custody arrangements until the parties are separating or divorcing. A child's best interests are paramount to any custody decision, and the judge must evaluate these interests when the custody decision is pending, not in advance.
A judge will disregard custody provisions in a premarital agreement. However, if the contract contains provisions regarding custody, all other provisions in the agreement are enforceable except the custody provision. Instead, a judge will base custody on the best interests of the child.
Can a PFA Affect Property Divisions in Prenups?
The PFA can also modify support and property provisions outlined in the prenup. Courts may overturn spousal support waivers if enforcing them would cause undue hardship to the victim, especially in cases involving abuse.
Pennsylvania courts have the discretion to require support notwithstanding a waiver in the prenup. Property division terms may also be adjusted if the prenup is deemed unfair due to the abusive circumstances, with Pennsylvania courts striving for equitable distribution that considers all relevant factors.
Can You Modify a PFA?
Both parties have the right to petition the municipal court to modify the terms. All proposed alterations must be approved by a judge during a hearing. Even the most minor change needs approval, as mutual agreements made outside of court are not legally binding.
Before the order expires, plaintiffs may request an extension if continued protection is necessary due to new incidents of abuse or ongoing threats. Extensions are also subject to a hearing before a judge.
What Happens to a Prenup When a PFA Expires?
The maximum time a judge can validate a PFA is three years. Commonly, the orders have shorter timeframes and depend upon the conditions alleged and evidence provided. Upon expiration, the defendant is no longer legally bound by the conditions set forth in the order, meaning they can resume contact with the plaintiff and children. Moreover, authorities are informed of the expired PFA and can no longer enforce its provisions.
Plaintiffs can request extensions before expiration or file a new petition afterward, but judges will only grant orders linked to evidence of new incidents of abuse, ongoing threats, and other forms of continued risk.
If the PFA was used to successfully challenge the validity of the prenup—proving duress or lack of voluntariness—the expiration of the PFA does not automatically restore any provisions of the prenup that were set aside or modified due to issues raised during the PFA proceedings. Since parties are able to communicate with one another, they may choose to reconcile or renegotiate the terms of their prenup. However, any new agreement would need to meet all legal requirements for enforceability, and past issues related to civil orders or findings of duress or coercion could influence its validity. But if there is any deviation from the PFA before its expiration date, which includes alterations to prenuptial agreements, the court will deem it a violation.
What Happens If Defendants Violate a PFA?
While a PFA is a civil legal matter, breaches of court orders are criminal offenses. Authorities may arrest a defendant without a warrant if they have probable cause to believe a violation occurred—even if the breach was not committed in police presence. In Pennsylvania, violations of civil orders are considered indirect criminal contempt of court, which are graded as second-degree misdemeanors, and punishment includes:
- Fines of at least $300, not to exceed $1,000
- Six months incarceration maximum
Defendants can face additional criminal charges if the violation involves other criminal acts. For example, if the PFA breach includes criminal harassment, the municipal court would upgrade the charge from a misdemeanor to a felony.
Felony charges result in years behind bars and tens to hundreds of thousands of dollars in fines. Judges can also levy a host of mandates like anger management courses, counseling and therapy, community service hours, and others. Before the Pennsylvania criminal justice system hands down life-altering punishment or looks to significantly alter a prenuptial agreement, defendants must pursue professional legal help.
How the LLF Law Firm Can Help
The LLF Law Firm Family Law Team understands the significance of how allegations leading to a PFA can cause uncertainty for prenuptial provisions. We are committed to providing comprehensive legal support to protect your rights, guide you through every step of the process, and advocate your best interests.
With years of experience assisting Pennsylvania residents defend against criminal and civil charges, the LLF Law Firm knows what it takes to get defendants named in petitions realigned with their goals related to prenups. Early involvement can make all the difference when allegations arise. Our firm strives to preserve your personal and professional reputation as your trusted ally in PFA orders and any legal challenges to standing prenups. Don't face uphill legal battles alone—get started on your strategy today and call LLF Law Firm now at 888-535-3686 or fill out our confidential consultation form, and we will reach out to you.
