Uniform Premarital Agreement Act

The Uniform Premarital Agreement Act (UPAA) is a model law that has been adopted by many states in the United States. The UPAA provides a framework for couples to enter into premarital agreements, which are contracts that set forth the rights and obligations of each spouse in the event of divorce or death.

Premarital agreements can be used to address a wide range of issues, including property division, spousal support, child custody, and child support. They can also be used to waive the right to spousal support or to limit the amount of spousal support that can be awarded.

Premarital agreements are not always enforceable. In order to be valid, a premarital agreement must be in writing, signed by both parties, and entered into voluntarily. The agreement must also be fair and equitable to both parties.

If a premarital agreement is found to be invalid, the court will treat the agreement as if it never existed. This means that the property will be divided according to the state's laws of property division, and the parties will be entitled to spousal support and child support as if there had been no premarital agreement.

The UPAA provides a number of safeguards to protect the rights of both parties to a premarital agreement. For example, the UPAA requires that each party be given at least 21 days to review the agreement before signing it. The UPAA also requires that each party have the opportunity to consult with an independent attorney before signing the agreement.

The UPAA is a valuable tool for couples who want to plan for their future. By entering into a premarital agreement, couples can avoid the uncertainty and expense of litigation in the event of divorce or death. However, it is important to remember that premarital agreements are not always enforceable. It is important to consult with an attorney before entering into a premarital agreement to ensure that the agreement is valid and enforceable.

In addition to the UPAA, there are a number of other state laws that govern premarital agreements. If you are considering entering into a premarital agreement, it is important to consult with an attorney to learn about the laws in your state.