In Lugg v. Lugg, 64 A.3d 1109 (Pa.Super. 2013), the Superior Court affirmed the trial court’s decision regarding the parties’ postnuptial agreement. Husband and Wife were married for approximately 13 years, having had three children during the course of their marriage. In August, 2010, in contemplation of divorce, the parties began negotiating a postnuptial agreement. During the negotiations, Wife sent Husband multiple letters stating that she would not seek full disclosure or child support. The parties continued to negotiate, including communications through their counsel. In December, 2010, Husband presented Wife with the agreement; both parties then executed it. They also executed the deed to transfer the marital residence. Thereafter, the parties transferred the titles to their vehicles and Husband provided Wife a check for $10,000. In May, 2011, Wife filed for child support. Husband then filed a motion to enforce the postnuptial agreement
and for contempt for Wife’s failure to execute documents required under the postnuptial agreement. Wife filed a counter-motion seeking to invalidate the postnuptial agreement. The trial court determined that the postnuptial agreement was valid and enforceable. Mother appealed the trial court’s decision. In her appeal, Mother asserted that the postnuptial agreement had to be invalidated because of a lack of full disclosure. The Superior Court stated that the postnuptial agreement was to be evaluated under contract principles, and that absent fraud, misrepresentation or duress, spouses should be held to the terms of their agreements. The Superior Court further stated that inquiry into the reasonableness of agreements is not permitted. The Superior Court further ruled that disclosure can be waived by a party, even if the party waiving disclosure does not know the extent of what is being waived, particularly if the waiver is voluntary and in writing.
