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Uniform Premarital Agreement

Written by: Avvo Staff

Posted over 3 years ago. 1 helpful vote, 0 comments

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A uniform premarital agreement is a premarital agreement that is consistent in every state. It was created by the Uniform Premarital Agreement Act of 1983 to make sure premarital agreements could be enforced from state to state. Currently, 26 states use a uniform premarital agreement: 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.

Facts about uniform premarital agreements

A uniform premarital agreement must be made between two people contemplating marriage. It is not valid for couples who are living together with no intention of marriage, or for couples already married. The agreement must be in writing and signed by both parties. Uniform premarital agreements are effective upon marriage.

You can use a uniform premarital agreement to cover a wide variety of issues. This includes the division of separate property; the right to buy, sell, use, or mortgage separate property; and the terms for spousal support (alimony), death benefits, life insurance, debt responsibilities, and related matters.

If the agreement prohibits or limits spousal support so that a spouse must seek welfare when a couple separates, a court may enforce support. The uniform premarital agreement can't be used to transfer financial responsibility to the government.

States that have accepted the uniform premarital agreement act may also have their own terms that must be followed.

When a uniform premarital agreement is not enforceable

If the agreement was not entered voluntarily by both parties, or has terms the court considers unconscionable, it is not valid. It must also have resulted from fair disclosure of each partner's property and finances. If a potential spouse doesn't have adequate knowledge of, or the ability to become aware of their partner's worth, the agreement can't be enforced.

If you draft a uniform premarital agreement

You don't need a lawyer to set up a uniform premarital agreement. However, if your partner hires a lawyer, or you're dealing with a complex financial situation, you may want a lawyer's advice to protect your interests.

If you have the opportunity to execute your premarital agreement in one of the states that accepts the uniform premarital agreement, it may be wise to do so. This way, your agreement will be more easily enforced in more states. You can enter a uniform premarital agreement in the state where you or your partner lives or the state in which you plan to live as a married couple.