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What is the Uniform Premarital Agreement Act?
The Uniform Premarital Agreement Act (UPAA) is a federal act adopted some 25 years ago (in 1983) that sets out what the husband- and wife-to-be can and cannot agree to in a premarital (prenuptial) agreement.
Legal Guidelines for Premarital Agreements
The UPAA gives guidelines for premarital agreements regarding matters such as:
The typical premarital agreement sets out what happens to the couple’s assets, etc. in the event of their divorce, separation, or the death of either spouse.
Definitions, Requirements
The UPAA also defines exactly what can be considered a premarital agreement, and it requires that a premarital agreement be in writing and signed by both parties. The UPAA has many more provisions. One of the most important aspects of the UPAA is that it deems that child support provisions cannot be decided in a premarital contract.
Adopted by Twenty-Six States
The UPAA is a Uniform Act — that is, a proposed state law. Many types of Uniform Acts have been adopted by varying numbers of the 50 states, and the UPAA has been adopted by about half of the states (the 26 states listed below) and is used in each of these states in various versions.
Some States Have Modified the UPAA
Some of the states that adopted the UPAA have added additional details or criteria to the Act. For example, some states modified the UPAA to disallow the parties’ ability to include a provision about spousal support in their prenuptial agreement, stating that spousal support cannot be waived in a divorce (it has to be decided as a separate issue by the divorce court).
The States that Use the UPAA
The following states have adopted and use the UPAA for their state law regarding premarital agreements:
Arizona, Arkansas, California, Connecticut, Delaware, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Maine, Montana, Nebraska, Nevada, New Jersey, New Mexico, North Carolina, North Dakota, Oregon, Rhode Island, South Dakota, Texas, Utah, Virginia, and Wisconsin
The full text of the UPAA can be found online in Wikipedia. To talk to a family law attorney about a premarital agreement, contact us today.