A New Uniform Law for Premarital and Marital Agreements

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