Adopted by 26 states, the Uniform Premarital and Marital Agreements Act
drafted by the National Conference of Commissioners on Uniform State Laws in 1983—has helped bring consistency to contracts signed by two parties entering a marriage. The act allows the parties to a prenuptial agreement to choose which state’s statutes for marital law will cover the agreement.
Key Takeaways
- The Uniform Premarital and Marital Agreements Act is a multi-state law enacted to determine when and how prenuptial agreements should be enforced.
- The act allows parties to a prenup to choose which state’s marriage laws apply, in terms of items such as division of property and spousal support.
- The act is only enforceable if all parties to a premarital agreement enter voluntarily, and if the removal of spousal support would not make the other party reliant on government assistance.
Understanding the Uniform Premarital and Marital Agreements Act
The Uniform Premarital and Marital Agreements Act states that parties should be free to create financial terms in which they both agree—with some limitations. It mandates a review of minimal standards of fairness by the state based on circumstances at the time of the agreement. Following the review, a state can refuse to enforce an agreement that endangers one party financially. The act also addresses the burden of proof and establishes when rights at divorce or death might be waived or modified.
The act aims to provide courts with flexibility in ruling on family law cases while giving prospective signatories confidence in the enforceability of their agreements. This effectively balances legal oversight and personal autonomy.
The act applies to both premarital and marital (postnuptial) agreements, treating them with the same requirements and principles. However, be aware that some states have different legal standards for each, often imposing higher burdens on postnuptial agreements.
Prenups and the Uniform Premarital and Marital Agreements Act
Prenuptial agreements typically address the division of property, spousal support, and child custody scenarios in the event of a divorce. They may also include provisions for forfeiting assets due to adultery. Prenups are commonly sought by the party at higher financial risk in the event of divorce, especially in states adhering to Community Property law, which entitles each spouse to half of all assets acquired during the marriage.
A couple can choose the state of residence or the state in which they will marry to enforce a prenup. However, this is limited to states that have adopted the Uniform Premarital and Marital Agreements Act.
Choosing a state that has passed the act has several advantages. These states usually have comprehensive provisions and statutes addressing prenuptial agreements network issues like estate planning, asset division, alimony, financial assets, and child custody, providing a more stable legal environment than states deriving rulings from case law.
Related Terms: Prenuptial agreement, Postnuptial agreement, Community Property law, Spousal support, Property division.
References
- Uniform Law Commission. “Uniform Premarital and Marital Agreements Act”, Pages 1-2.
- Internal Revenue Service. “Part 25. Special Topics. Chapter 18. 8 Community Property. Section 1. Basic Principles of Community Property Law”.
