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- /* Here is the full text of the Uniform Premarital Agreement Act.
- This law governs the rights and liabilities which arise out of
- the execution of pre-nuptial (premarital) agreements. These
- agreements are becoming more and more frequent. Why would you
- need one? In situations in which persons remarry and have
- children of their own, inheritances should be addressed so that
- each set of children gets what their parent intends. Of course,
- there are other reasons for this, but the primary one is the
- problem of children from different marriages. */
-
- Section 1. Definitions. As used in this Act:
-
- (1) "Premarital agreement" means an agreement between
- prospective spouses made in contemplation of marriage and to be
- effective upon marriage.
-
- (2) "Property" means an interest, present or future, legal
- or equitable, vested or contingent, in real or personal property,
- including income and earnings.
-
- Section 2. Formalities. A premarital agreement must be in writing
- and signed by both parties. It is enforceable without
- consideration.
-
- Section 3. Content. Parties to a premarital agreement may
- contract with respect to:
-
- (1) the rights and obligations of each of the parties in any
- of the property of either or both of them whenever and wherever
- acquired or located;
-
- (2) the right to buy, sell, use, transfer, exchange,
- abandon, lease, consume, expend, assign, create a security
- interest in, mortgage, encumber, dispose of, or otherwise manage
- and control property;
-
- (3) the disposition of property upon separation, marital
- dissolution, death, or the occurrence or nonoccurrence of any
- other event;
-
- (4) the modification or elimination of spousal support;
-
- (5) the making of a will, trust, or other arrangement to
- carry out the provisions of the agreement;
-
- (6) the ownership rights in and disposition of the death
- benefit from a life insurance policy;
-
- (7) the choice of law governing construction of the
- agreement; and
-
- /* Choice of law means which state's law governs in case the
- parties move, or have property in more than one state. */
-
- (b) The right of a child to support may not be adversely affected
- by a premarital agreement.
-
- Section 4. Effect of marriage. A premarital agreement becomes
- effective upon the marriage.
-
- Section 5. Amendment, Revocation. After marriage, a premarital
- agreement may be amended or revoked only by a written agreement
- signed by the parties. The amended agreement or the revocation is
- enforceable without consideration.
-
- Section 6. Enforcement. (a) A premarital agreement is not
- enforceable if the party against whom enforcement is sought
- proves that:
-
- (1) the party did not execute the agreement voluntarily; or
-
- (2) the agreement was unconscionable when it was executed
- and, before execution of the agreement, that party:
-
- (i) was not provided a fair and reasonable disclosure of the
- property or financial obligations of the other party;
-
- /* Be very careful and attorneys will generally not recommend
- that a premarital agreement without disclosure be executed. */
-
- (ii) did not voluntarily and expressly waive, in writing,
- any right to disclosure of the property or financial obligations
- of the other party beyond the disclosure provided; and
-
- (iii) did not have, or reasonably could not have had, an
- adequate knowledge of the property or financial obligations of
- the other party.
-
- (b) If a provision of a premarital agreement modifies or
- eliminates spousal support and that modification or elimination
- causes one party to the agreement to be eligible for support
- under a program of public assistance at the time of separation or
- marital dissolution, a court, notwithstanding the term of the
- agreement, may require the other party to provide support to the
- extent reasonably necessary to avoid that eligibility.
-
- (c) An issue of unconscionability of a premarital agreement
- shall be decided by the court as a matter of law.
-
- /* This means that a jury will not decide this fact. This is an
- attempt to avoid jury sympathy. */
-
- Section 7. Enforcement; Void Marriage. If a marriage is
- determined to be void, an agreement that would otherwise have
- been a premarital agreement is enforceable only to the extent
- necessary to avoid an inequitable result.
-
- Section 8. Limitation of actions. Any statute of limitations
- applicable to an action asserting a claim for relief under a
- premarital agreement is tolled during the marriage of the parties
- to the agreement. However, equitable defenses limiting the time
- for enforcement, including laches and estoppel, are available to
- either party.
-
- /* "Tolling a statute of limitations" means that the time for the
- suit to be brought does not begin until the marriage is over
- subject to the statement that the parties cannot mislead one
- another by a failure to act (laches and estoppel). */
-
- Section 9. Application and construction. This Act shall be
- applied and construed to effectuate its general purpose to make
- uniform the law with respect to the subject of this Act among
- states enacting it.