Category: Prenuptial Agreements

Does a Breach of a Prenuptial Agreement Create a Right of Rescission? Part II

March 14, 2007 | Blog, Prenuptial Agreements

Icon for author Brian Vertz Brian Vertz

At last! the conclusion of the story. Here is the law of other states, which like Pennsylvania, hold that a breach of a prenuptial agreement does not render the entire contract void if there has been partial performance of other covenants and the breach does not render the entire contract illusory. Other States Brees v. Cramer, 322 Md. 214, 586 A.2d 1284 (1991). Widow of a decedent sought to be […]

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Does a Breach of a Prenuptial Agreement Create a Right of Rescission? Part I

February 28, 2007 | Blog, Prenuptial Agreements

Icon for author Brian Vertz Brian Vertz

Earlier this week I posted the introduction to this post, in which I examined the cases from Pennsylvania and other jurisdictions that lead me to believe that a breach does not create a right of rescission unless the breach is so substantial that it cannot be remedied through money damages. The Pennsylvania cases are not conclusive, but lend their support to this theory. Pennsylvania Cases Estate of Barilla, 535 A.2d […]

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Does a Breach of a Prenuptial Agreement Create a Right of Rescission?

February 26, 2007 | Blog, Prenuptial Agreements

Icon for author Brian Vertz Brian Vertz

In Pennsylvania, under the long-standing authority of Simeone v. Simeone, 525 Pa. 392, 581 A.2d 162 (1990), premarital agreements are inviolate unless there has been a lack of full and fair disclosure. Prior law which required that a prenuptial agreement make a reasonable provision for the dependent spouse has been eliminated. Moreover, the standards for finding a lack of full and fair disclosure are exceedingly difficult to meet, as subsequent […]

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