Uniform Premarital Agreement Act (UPAA): Federal framework legislation that governs the validity and enforceability of prenuptial agreements, including requirements for disclosure and execution. Adopted by many US states.
State Marriage Laws: Individual state-specific family law codes that govern marriage agreements, varying by jurisdiction. Important distinction between community property states and equitable distribution states.
Federal Tax Law: Internal Revenue Code provisions affecting marriage agreements, including tax implications for property division, transfers, and estate planning.
Social Security and Federal Benefits Law: Federal regulations governing how marriage agreements can affect social security benefits and federal retirement benefits.
Procedural Requirements: Legal requirements for valid execution including timing before marriage, independent legal counsel, full financial disclosure, and voluntary execution without duress.
Child Support and Custody Regulations: State and federal laws governing child support and custody arrangements, which generally cannot be predetermined in prenuptial agreements.
Alimony and Maintenance Laws: State-specific regulations regarding limitations on alimony and maintenance provisions in prenuptial agreements.
Property Division Rules: State laws governing how property can be divided in prenuptial agreements, including restrictions and requirements for valid property division provisions.
Enforcement Requirements: Legal requirements for enforcement including writing requirements, notarization, witness requirements, and proper recording of the agreement.
