Prenuptial agreements, or prenups, are becoming more common for couples of all ages and income levels. While once viewed as something only the ultra-wealthy needed, prenups today are often seen as a practical step to reduce conflict, protect individual assets, and clarify financial expectations in marriage. But what makes a prenup valid? What rules govern how they’re written and enforced?
That’s where the Uniform Premarital Agreement Act (UPAA) comes in.
Whether you’re drafting a prenup or trying to understand one you’ve already signed, it’s important to know how this law works and how it affects your rights. This article breaks down the UPAA in plain language, explaining what it is, how it works, and why it matters.
What Is the Uniform Premarital Agreement Act?
The UPAA is a model law drafted by the Uniform Law Commission in 1983. The goal was to create a consistent legal framework across states for how prenuptial agreements should be written, interpreted, and enforced.
Before the UPAA, the rules around prenups varied significantly from one state to another. That made it difficult for couples, especially those who moved between states or had property in multiple jurisdictions, to know whether their agreement would hold up in court.
By encouraging states to adopt uniform standards, the UPAA helped streamline the process and reduce legal uncertainty.
What Does the UPAA Cover?
The UPAA sets out rules for several key aspects of prenuptial agreements:
1. When the Agreement Must Be Signed
The prenup must be signed voluntarily by both parties before the marriage takes place. If it’s signed after the wedding, it becomes a postnuptial agreement, which follows different rules.
2. What the Agreement Can Cover
The UPAA allows couples to include terms about:
- Property ownership and division
- Spousal support (alimony)
- Management of assets during the marriage
- Rights to buy, sell, or control property
- What happens in the event of death or divorce
However, the UPAA does not allow couples to agree on child custody or child support in a prenup. These issues must be decided based on the best interests of the child at the time of divorce or separation.
3. Disclosure Requirements
Each person must provide a fair and reasonable disclosure of their financial information before signing. Alternatively, a party may waive disclosure in writing, but without some form of financial awareness, a prenup may not hold up.
4. Enforceability
Under the UPAA, a court will generally enforce a prenuptial agreement unless:
- One party did not sign voluntarily
- The agreement was unconscionable (grossly unfair) when it was signed, and
- The party challenging it didn’t receive adequate financial disclosure and didn’t waive that right
Which States Have Adopted the UPAA?
As of now, over 25 states and the District of Columbia have adopted some version of the UPAA or its updated version, the Uniform Premarital and Marital Agreements Act (UPMAA).
States that have adopted the UPAA include:
- California
- Florida
- Texas
- Illinois
- North Carolina
- Virginia
- New Jersey
- And others
However, even among adopting states, there may be slight differences in interpretation or procedural rules. Some states have modified the act to reflect local preferences or to include additional protections (for example, stricter disclosure requirements or rules about independent legal counsel).
How Does the UPAA Protect Both Parties?
The UPAA is designed to balance freedom of contract with basic fairness. That means courts will generally respect the couple’s choices as long as:
- Both parties entered the agreement knowingly and voluntarily
- There was enough information shared to make an informed decision
This approach protects individual autonomy while also ensuring that no one is misled, coerced, or left destitute because of a deeply unfair agreement.
Common Misunderstandings About the UPAA
1. “The UPAA makes all prenups enforceable.”
Not quite. Courts still review each agreement for voluntariness, disclosure, and fairness. The UPAA makes prenups more predictable, but not bulletproof.
2. “You don’t need financial disclosure if both people agree.”
Partially true. Under the UPAA, disclosure can be waived, but if an agreement is unconscionable, and there was no disclosure or waiver, a court may refuse to enforce it.
3. “A prenup can cover anything we want.”
There are limits. You can’t waive child support, set parenting terms, or create agreements that violate public policy (e.g., clauses penalizing infidelity with extreme financial consequences might be struck down).
The UPAA vs. State Law: What Happens If You Move?
This is one of the most important reasons the UPAA was created — to reduce the risk of a prenup being valid in one state and ignored in another.
Still, if you sign a prenup in a UPAA state and move to a non-UPAA state, that new state may apply its own laws. This is why most prenups include a choice-of-law clause, specifying which state’s laws will govern the agreement.
Example:
A couple signs a prenup in California (a UPAA state) and moves to New York (not a UPAA state). If they divorce in New York, a court may choose to apply New York law — which could produce a different outcome.
Practical Tips for Couples Using a UPAA-Based Prenup
- Start early. Don’t wait until the week of your wedding.
- Disclose everything. Even if you’re unsure it matters, share it.
- Get independent legal advice. This helps prevent future challenges.
- Be specific. Vague terms like “we’ll split everything fairly” create ambiguity.
- Include a choice-of-law clause. Especially important if you may relocate.
Conclusion
The Uniform Premarital Agreement Act plays a critical role in helping couples create enforceable, predictable, and fair prenuptial agreements. By setting clear standards and focusing on both disclosure and voluntariness, the UPAA ensures that couples can take control of their financial futures, while still protecting each person’s rights.
