Greenleaf Divorce Law Changes Approved by Legislature 

HARRISBURG—A measure to revise provisions of the Divorce Code relating to prenuptial agreements and equitable division of property has been approved unanimously by the State General Assembly.

Senate Bill 95, sponsored by Sen. Stewart J. Greenleaf and based on the recommendations of the Joint State Government Commission Advisory Committee on Domestic Relations Law, now awaits the signature of the Governor to become law.

The bill would provide for premarital agreements to be challenged if there is clear and convincing evidence that one party did not receive full disclosure, did not have adequate knowledge of the property or financial obligations of the other party, or did not enter into an agreement voluntarily.

The measure would allow a court to enter a decree of divorce before issues of custody and property are settled if the consent of both parties is given. If both parties do not consent, a divorce decree may be issued by the court prior to a decision on economic and custody issues if grounds for divorce have been established and the moving party has demonstrated that compelling circumstances exist and there are sufficient economic protections for the other spouse.

Under the bill, the court would be allowed, at any stage in the divorce proceedings, to make a partial distribution of assets or enter an order of interim partial distribution.

Also, the measure provides for a number of changes with regard to property rights.  Among these changes is the requirement for the court to weigh federal, state, and local tax consequences associated with each asset and the expense of the sale, transfer, or liquidation associated with a particular asset in deciding how to distribute marital property.  The bill addresses also the way to allocate the value of certain retirement plans with regard to marital and nonmarital property