The Uniform Premarital Agreement Act (UPAA) is a set of laws that are adopted across several states throughout the United States, that govern the enforceability and validity of a prenuptial agreement.
The UPAA allows the couple to “contract” with one another on issues relating to the following:
1 - the rights and obligations of property, no matter where the property is located
2 - the management and control of the property
3 - creation of estate planning documents
4 - ownership rights of a life insurance policy
5 - which state’s laws to apply
6 - anything else relating to each person’s rights & obligations (so long as it’s not against public policy and so long as it’s not a crime).
The UPAA restricts the following from being included in prenuptial agreements:
1 - child support
2 - child custody & visitation
The UPAA does have some strict rules to make sure prenuptial agreements remain fair and equitable for both partners. Any provision concerning spousal support, including the waiver of it, will only be enforceable if the parties are represented by counsel. A spousal support provision will also be unenforceable if it would have been considered unconscionable at the time of enforcement. At the time of execution means the time when a provision is to be enforced. Therefore, the time of execution can be 1 month or 10+ years after the date the prenup was signed.
The UPAA also discusses means in which way prenuptial agreements will be rendered unenforceable. Check out the blog Reasons Why A Prenup Will Not Hold Up In Court.
Should You Hire An Attorney
Absolutely, yes. A prenuptial agreement is a legit contract that needs to be uniquely drafted for you and your partner’s needs. Incorrectly drafting a prenuptial agreement can have serious, unintended consequences. It’s best to invest in an attorney upfront, to avoid confusion and costly legal fees down the road.
The Prenup Queen is fantastic at creating prenuptial agreements and are extremely knowledgeable when it comes to making sure the agreement will be enforceable in the future. Click here to book a consultation with us, so we can get you and your spouse on your way to a secure, clearly defined, marriage.