Uniform Premarital Agreement Act (UPAA): Federal framework that provides guidelines for validity and enforceability of prenuptial agreements, and defines the scope of permissible terms. Adopted by many US states.
State-Specific Marriage Laws: Individual state legislation governing marriage and family law, including variations in requirements for validity and property distribution approaches (community property vs. equitable distribution).
Contract Law Principles: Fundamental legal requirements for contract formation, including consideration, capacity to contract, and voluntary execution provisions.
Disclosure Requirements: Legal obligations for full and fair financial disclosure, recommended independent legal counsel, and reasonable time for review of the agreement.
Public Policy Limitations: Restrictions on contractual terms that cannot be included in prenuptial agreements, such as child support/custody arrangements, divorce promotion, or violations of public policy.
Federal Laws: Relevant federal legislation including tax implications, retirement account regulations (ERISA), and Social Security benefit considerations.
Statute of Frauds: Legal requirement that prenuptial agreements must be in writing, signed by both parties, and properly executed to be legally binding.
