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Uniform Premarital Agreement Act

Candlefocus Editor
The Uniform Premarital and Marital Agreements Act, which has been adopted in some form in the majority of U.S. states, is a revolutionary piece of legislation that effectively regulates premarital agreements and provides a measure of protection for parties entering into them. Prenuptial agreements, in which both parties list their assets and any potential debts before entering a marriage, are an increasingly popular means of protecting one's financial interests and assets.

The Uniform Premarital and Marital Agreements Act ensures that these agreements are not just casually drawn up with no thought for the future; rather, it requires that any agreement be entered into knowingly and voluntarily in order to be legally valid. Further, both parties must have a reasonable time to review, understand and negotiate the terms of the agreement before signing it and legal counsel is highly recommended. Additionally, if the removal of spousal support would make the other party legally dependent on government assistance, then the agreement is invalid and unenforceable in a court of law.

The Uniform Premarital and Marital Agreements Act also allows the parties to choose which state's laws will govern their agreement. This is beneficial to couples whereby a dispute arises at a future date and the couple do not live in the state in which the agreement was drafted.

Overall, the Uniform Premarital and Marital Agreements Act helps to protect couples entering a prenuptial agreement, that can then be enforced in a court of law. By creating uniformity of these agreements across multiple states, couples can be sure of consistency in the understanding and application of such agreements throughout the U.S.  

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