Michael Crockett PA 250 Family Law
Prof: Jessica Gauvin
June 22, 2013
Unit 3 Assignment

The Uniform Premarital Agreement Act is the regulation that allows the parties of a premarital contract to choose the state's jurisdiction under which their contract will fall. A couple can decide on any state in which one of the parties lives or plans to live or the state in which the couple will be married. Because this act has not been passed in all states, parties to a prenuptial contract are also limited to choosing only the states that have passed the Uniform Premarital Agreement Act. It was drafted by the National Conference of Commissioners on Uniform State Laws in 1983. The state of Texas is one of 27 states that adopted the Uniform Premarital Agreement Act (UPAA)
Texas Family Code, Chapter 4: Premarital and Marital Property Agreements govern Texas prenuptial agreements. There are obligations that the couple must meet and some circumstances that might render the agreement void. Prenuptial agreements need to be in writing. Some states require a notarized agreement, but Texas does not. Both partners must fully disclose their assets and liabilities. This includes getting appraisals done for things that might be difficult to value. The partners need to understand each other’s situation fully before they can agree to anything in a prenuptial agreement. A court will void an agreement that involves less than full disclosure on the part of one of the partners. Each partner must sign the prenuptial agreement voluntarily. The court will not enforce any contract where it appears that one side pressured the other into signing or making concessions. The agreement cannot contain provisions that limit child support rights. A couple cannot agree that one spouse will not seek child support. A court is likely to strike out any adverse limits relating to child support.
There are several factors that can invalidate a prenup. Prenuptial agreements are fairly adaptable documents, at least with respect to financial arrangements after a divorce. However, there are certain things that a prenup simply cannot do. It cannot set out non-financial arrangements, such as who will do housekeeping work during the marriage. It also cannot waive the right to receive child support payments.
A court will look to various topics surrounding the creation and signing of the prenuptial agreement. As with all contracts, a prenup will be held unenforceable if signed under pressure or coercion. Thus, when making a prenup, it is essential to begin well ahead of the wedding date. In order to have a valid prenup, each party must know the other’s general monetary situation before signing the agreement. If there are undisclosed assets, it is likely a court would find it invalid if contested. In order to make sure each party to the prenup is aware of his or her rights, and fully aware of what they are signing, it is a good idea for each future spouse to have his or her own lawyer. A prenuptial agreement is designed to protect a person’s financial and personal interests so that when they walk out of a marriage they are as secure as they were when they walked into the marriage. The drawback to a prenuptial agreement in the modern world is the idea that you are planning for your divorce even in the midst of your wedding planning. The pros to a prenuptial agreement include financial security, emotional security and a certainty to what is going to happen. For the wealthy, it means pledge that the person is marrying you for you and not for your money. For people from shattered homes, it may mean protection from their own fears. The cons to a prenuptial agreement are that, marriage shouldn’t be a contract with caveats and small print. You shouldn’t be planning how to extract yourself before you’ve even committed. In fact, a prenuptial agreement suggests you are prepared for that day when you go your separate ways, so you’re less likely to put weight on your vows. In conclusion, a prenuptial agreement must fulfill 5 conditions in the US to be legally binding upon all involved parties. The first condition is that it is written. Oral prenuptial agreements are not considered by a court of law. Second, it must be voluntarily signed by each individual and third, it must be done so before a notary to validate it. Fourth, a prenuptial agreement may be void or invalid if one individual does not disclose important information or misleads the other into marrying under false pretenses. Fifth, the prenuptial agreement must appeal to the standards and norms of moral and ethical acceptability of all involved parties.

References
Uniform Premarital Agreement Act Definition | Investopedia www.investopedia.com/terms/u/upaa.asp The Pros and Cons of Prenuptial Agreements... www.prenuptialagreements.org/pros-cons Divorce Support - Texas Premarital and Prenuptial Agreements www.divorcesupport.com/…rce/Texas-Premarital-and... When Courts Invalidate a Prenuptial Agreement – FindLaw knowledgebase.findlaw.com/kb/2011/Jun/350151.html Should a Prenup Be Compulsory These Days? Marriage Families.com
www.families.com/…/should-a-prenup-be-compulsory...