A New Uniform Law for Premarital and Marital Agreements

33 Pages Posted: 4 Jan 2013

See all articles by Barbara Ann Atwood

Barbara Ann Atwood

University of Arizona - James E. Rogers College of Law

Brian Bix

University of Minnesota Law School

Date Written: 2012

Abstract

This article introduces the new Uniform Premarital and Marital Agreements Act, approved by the Uniform Law Commission in July 2012. Coauthored by the chair of the drafting committee and the Reporter for the Act, the article explains the impetus for the drafting project and the intended application of the Act's key provisions. The UPMAA marks a significant reform for the law of marital contracting. In response to criticisms of the existing Uniform Premarital Agreement Act, the new Act strengthens the requirements of procedural fairness for enforceable agreements. In addition, the Act covers marital agreements -- agreements entered into between spouse intending to remain married -- and thus provides a needed legal framework in an area of considerable uncertainty.

Keywords: Uniform Premarital and Marital Agreements Act, UPMAA, Uniform Premarital Agreements Act, premarital, marital

Suggested Citation

Atwood, Barbara Ann and Bix, Brian, A New Uniform Law for Premarital and Marital Agreements (2012). 46 Family Law Quarterly 313 (2012); Arizona Legal Studies Discussion Paper No. 13-02. Available at SSRN: https://ssrn.com/abstract=2196527

Barbara Ann Atwood (Contact Author)

University of Arizona - James E. Rogers College of Law ( email )

P.O. Box 210176
Tucson, AZ 85721-0176
United States

Brian Bix

University of Minnesota Law School ( email )

229 19th Avenue South
Minneapolis, MN 55455
United States
612-624-2505 (Phone)
612-625-2011 (Fax)

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