PA 250 Family Law
Prof: Jessica Gauvin
June 22, 2013
Unit 3 Assignment
The Uniform Premarital Agreement Act is the regulation that allows the parties of a premarital contract to choose the state's jurisdiction under which their contract will fall. A couple can decide on any state in which one of the parties lives or plans to live or the state in which the couple will be married. Because this act has not been passed in all states, parties to a prenuptial contract are also limited to choosing only the states that have passed the Uniform Premarital Agreement Act. It was drafted by the National Conference of Commissioners on Uniform State Laws in 1983. The state of ...view middle of the document...
Prenuptial agreements are fairly adaptable documents, at least with respect to financial arrangements after a divorce. However, there are certain things that a prenup simply cannot do. It cannot set out non-financial arrangements, such as who will do housekeeping work during the marriage. It also cannot waive the right to receive child support payments.
A court will look to various topics surrounding the creation and signing of the prenuptial agreement. As with all contracts, a prenup will be held unenforceable if signed under pressure or coercion. Thus, when making a prenup, it is essential to begin well ahead of the wedding date. In order to have a valid prenup, each party must know the other’s general monetary situation before signing the agreement. If there are undisclosed assets, it is likely a court would find it invalid if contested. In order to make sure each party to the prenup is aware of his or her rights, and fully aware of what they are signing, it is a good idea for each future spouse to have his or her own lawyer.
A prenuptial agreement is designed to protect a person’s financial and personal interests so that when they walk out of a marriage they are as secure as they were when they walked into the marriage. The drawback to a prenuptial agreement in the modern world is the idea that you are planning for your divorce even in the midst of your wedding planning. The pros to a prenuptial agreement include financial security, emotional security and a certainty to what is going to happen. For the wealthy, it means pledge that the person is marrying you for you and not for your...