Uniform Premarital Agreement Act (UPAA): Federal framework that governs the validity and enforceability of prenuptial agreements, adopted by many states. Sets fundamental requirements for financial disclosure and proper execution of the agreement.
State-Specific Marriage and Family Laws: Individual state legislation governing marriage and family matters, varying by jurisdiction. Includes differences between community property states and equitable distribution states.
Contract Law Principles: Fundamental legal principles including contract formation requirements, consideration, capacity to contract, and voluntary execution standards that must be met for the prenuptial agreement to be valid.
Legal Validity Requirements: Essential elements required for prenuptial agreement validity: written format, full financial disclosure, independent legal counsel recommendation, voluntary signing, reasonable timing before wedding, and proper notarization.
Unconscionability Provisions: Legal principles ensuring the agreement is fair and reasonable, does not leave either party destitute, and does not violate public policy considerations.
Federal Laws and Regulations: Relevant federal legislation including tax implications, ERISA regulations for retirement accounts, and Social Security benefit considerations that may affect prenuptial terms.
State-Specific Content Restrictions: State-imposed limitations on what can be included in prenuptial agreements, particularly regarding child custody and support, alimony/maintenance, and property division restrictions.
