(If you know the status of this please let lectlaw know.)
Section 1. Definitions. As used in this Act:
(1) "Premarital agreement" means an agreement betwe
spouses made in contemplation of marriage and to be effective upon
(2) "Property" means an interest, present or future, legal or
equitable, vested or contingent, in real or personal property,
including income and earnings.
Section 2. Formalities. A premarital agreement must be in writing and
signed by both parties. It is enforceable without consideration.
Section 3. Content. Parties to a premarital agreement may contract
with respect to:
(1) the rights and obligations of each of the parties in any of the
property of either or both of them whenever and wherever acquired or
(2) the right to buy, sell, use, transfer, exchange, abandon, lease,
consume, expend, assign, create a security interest in, mortgage,
encumber, dispose of, or otherwise manage and control property;
(3) the disposition of property upon separation, marital
dissolution, death, or the occurrence or nonoccurrence of any other
(4) the modification or elimination of spousal support;
(5) the making of a will, trust, or other arrangement to carry out
the provisions of the agreement;
(6) the ownership rights in and disposition of the death benefit
from a life insurance policy;
(7) the choice of law governing construction of the agreement; and
(b) The right of a child to support may not be adversely affected by
a premarital agreement.
Section 4. Effect of marriage. A premarital agreement becomes
effective upon the marriage.
Section 5. Amendment, Revocation. After marriage, a premarital
agreement may be amended or revoked only by a written agreement
signed by the parties. The amended agreement or the revocation is
enforceable without consideration.
Section 6. Enforcement. (a) A premarital agreement is not enforceable
if the party against whom enforcement is sought proves that:
(1) the party did not execute the agreement voluntarily; or
(2) the agreement was unconscionable when it was executed and,
before execution of the agreement, that party:
(i) was not provided a fair and reasonable disclosure of the
property or financial obligations of the other party;
(ii) did not voluntarily and expressly waive, in writing, any
right to disclosure of the property or financial obligations of the
other party beyond the disclosure provided; and
(iii) did not have, or reasonably could not have had, an
adequate knowledge of the property or financial obligations of the
(b) If a provision of a premarital agreement modifies or eliminates
spousal support and that modification or elimination causes one party
to the agreement to be eligible for support under a program of public
assistance at the time of separation or marital dissolution, a court,
notwithstanding the term of the agreement, may require the other
party to provide support to the extent reasonably necessary to avoid
(c) An issue of unconscionability of a premarital agreement shall be
decided by the court as a matter of law.
Section 7. Enforcement; Void Marriage. If a marriage is determined to
be void, an agreement that would otherwise have been a premarital
agreement is enforceable only to the extent necessary to avoid an
Section 8. Limitation of actions. Any statute of limitations
applicable to an action asserting a claim for relief under a
premarital agreement is tolled during the marriage of the parties to
the agreement. However, equitable defenses limiting the time for
enforcement, including laches and estoppel, are available to either
Section 9. Application and construction. This Act shall be applied
and construed to effectuate its general purpose to make uniform the
law with respect to the subject of this Act among states enacting it.
Brought to you by - The 'Lectric Law Library
The Net's Finest Legal Resource For Legal Pros & Laypeople Alike.