Appendix A (2) Text of Uniform Premarital and Marital Agreements

• Library: Premarital Agreements: Drafting and Negotiation (ABA) (2017 Ed.)

Appendix A(2)

Text of uniform premarital and marital agreements

SECTION 1. SHORT TITLE. This [Act] may be cited as the Uniform Premarital and Marital Agreements Act.

SECTION 2. DEFINITIONS. In this [Act]:

(1) "Amendment" means a modification or revocation of a premarital agreement or marital agreement.
(2) "Marital agreement" means an agreement between spouses who intend to remain married which affirms, modifies, or waives a marital right or obligation during the marriage or at separation, marital dissolution, death of one of spouses, or the occurrence or nonoccurrence of any other event. The term includes an amendment, signed after the spouses marry, of a premarital agreement or marital agreement.
(3) "Marital dissolution" means the ending of a marriage by court decree. The term includes a divorce, dissolution, and annulment.
(4) "Marital right or obligation" means any of the following rights or obligations arising between spouses because of their marital status:

(A) spousal support;
(B) a right to property, including characterization, management, and ownership;
(C) responsibility for a liability;
(D) a right to property and responsibility for liabilities at separation, marital dissolution, or death of a spouse; or
(E) award and allocation of attorney's fees and costs.

(5) "Premarital agreement" means an agreement between individuals who intend to marry which affirms, modifies, or waives a marital right or obligation during the marriage or at separation, marital dissolution, death of one of the spouses, or the occurrence or nonoccurrence of any other event. The term includes an amendment, signed before the individuals marry, of a premarital agreement.
(6) "Property" means anything that may be the subject of ownership, whether real or personal, tangible or intangible, legal or equitable, or any interest therein.
(7) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(8) "Sign" means with present intent to authenticate or adopt a record:

(A) to execute or adopt a tangible symbol; or
(B) to attach to or logically associate with the record an electronic symbol, sound, or process.

(9) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

SECTION 3. SCOPE.

(a) This [Act] applies to a premarital agreement...