Uniform Premarital Agreement ActPremarital Agreements
Section § 1610
This law defines key terms for a chapter about agreements made before marriage. A 'premarital agreement' is a deal between people planning to marry, which takes effect once they are married. 'Property' refers to any type of ownership or interest someone might have, whether it’s already theirs or expected in the future, and can include real assets like a house or personal ones like income or earnings.
Section § 1611
This law says that if you want a premarital agreement to be valid, it has to be written down and both partners have to sign it. You don’t need to exchange anything of value, like money, to make it legally binding.
Section § 1612
This law explains what can be included in a prenup, which is a contract made before marriage. Couples can agree on who owns what property and what they can do with it, like sell or lease it. They can also decide how to divide things if they split up or if one of them dies, plan for things like wills and trusts, and specify how to manage life insurance benefits. They can choose which state's laws will apply to the prenup. However, they can't use the prenup to reduce child support in a way that's unfair. If they have clauses in the prenup about spousal support (like money paid after a divorce), the person affected must have had a lawyer when they signed it, or the clause can't be unfair when it’s applied. Otherwise, those parts won’t hold up in court. Having a lawyer alone doesn’t make an unfair clause okay.
Section § 1613
This section means that a premarital agreement, sometimes called a prenuptial agreement or prenup, starts working or becomes valid when the couple actually gets married.
Section § 1614
After you're married, any changes or cancellation of a prenup must be in writing and signed by both spouses. You don't need to exchange anything else of value for this change to be valid.
Section § 1615
This law states that a premarital agreement isn't valid if one person proves they didn't sign it voluntarily or if it was unfair and they didn't fully know or understand their partner's finances. To be considered signed voluntarily, several conditions must be met: each party should have legal counsel or have explicitly waived that right in writing; there must be a wait period of seven days after being advised to seek a lawyer and before signing; if unaided by a lawyer, one must fully comprehend the agreement's terms and what rights are given up, all explained in their fluent language; they must sign acknowledging this understanding. Also, no one should have been forced, tricked, or unable to make sound decisions at the time of signing. The court decides if the deal is deemed unfair, and other relevant factors can be considered.
Section § 1616
If a marriage is declared invalid, a prenuptial agreement is only valid if it prevents an unfair outcome.
Section § 1617
This law says that the clock for legally challenging a premarital agreement stops while the couple is married. Even so, either spouse can still argue that too much time has passed to make it fair to enforce the agreement, using defenses like laches or estoppel.