Family LawPre-Marital Agreements |
What is the Uniform Premarital Agreement Act? |
Twenty-six (26) states have adopted the Uniform Premarital Agreement Act, a model piece of legislation that was drafted in 1983. It defines such agreements and explains when such agreements are not enforceable.
Section 6 of the Model Act provides that such acts are not enforceable if one party did not enter into the contract voluntarily, the contract was unconscionable, one party did not receive full and fair disclosure of applicable assets, Another section of the law provides that the agreement cannot be modified or revoked without the written consent of both parties.
The following states have adopted a version based upon this model act: 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