Uniform Premarital and Marital Agreements Act — Overview
The Uniform Premarital and Marital Agreements Act (drafted by the National Conference of Commissioners on Uniform State Laws in 1983) is a model statute adopted by multiple states to provide consistent rules for premarital (prenuptial) and marital (postnuptial) agreements. About half the states have enacted the act or a version of it, giving parties clearer guidance on when and how such agreements will be enforced.
What the act does
- Establishes baseline rules for creating and enforcing premarital and postnuptial agreements.
- Permits parties to specify which state’s marital law will govern their agreement, provided that state has adopted the act.
- Requires courts to review agreements for basic fairness and to refuse enforcement that would leave a spouse in financial jeopardy.
- Addresses burden of proof and sets when rights at divorce or death may be waived or modified.
When an agreement will be enforced
Agreements generally will be enforced if they meet statutory standards, including:
– Voluntary execution by both parties (no coercion).
– Full and fair disclosure of assets, liabilities, and financial circumstances, or a waiver of disclosure entered knowingly.
– Terms that do not create a situation where one spouse would become dependent on government assistance (courts may refuse to enforce provisions that would do so).
– Compliance with any procedural requirements set by the chosen state’s law.
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Premarital vs. postnuptial agreements
The act treats postnuptial agreements similarly to premarital agreements, applying the same general standards. However, some states impose different or higher burdens on postnuptial agreements, so enforceability can vary by jurisdiction.
Common provisions in prenuptial agreements
Prenups commonly address:
– Division of property on divorce or death.
– Spousal support (alimony) or its waiver.
– Estate planning-related matters.
– Financial rights and responsibilities during marriage.
– Sometimes clauses concerning forfeiture for adultery or other conduct (subject to state enforceability rules).
Child custody and child support provisions are generally not binding on courts, which make those decisions based on the child’s best interests.
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Choice of law and practical considerations
- Parties may choose the governing state law if one of the parties lives or plans to live there, or the marriage will occur there — but only if that state has adopted the act or otherwise recognizes such choice.
- States that have adopted the act often provide clearer, more comprehensive statutory guidance on issues like property division and spousal support. In states without the act, courts may rely more heavily on case law, producing less predictability.
Key takeaways
- The Uniform Premarital and Marital Agreements Act creates a uniform framework for negotiating and enforcing premarital and marital agreements.
- Enforcement hinges on voluntary agreement, adequate disclosure or informed waiver, and fairness so that one party is not left destitute or forced onto government assistance.
- Choosing a state that has adopted the act can increase predictability, but rules and standards still vary by jurisdiction.
For anyone considering a premarital or postnuptial agreement, consult an attorney licensed in the relevant state to ensure the agreement meets statutory and procedural requirements.