آخر تحديث - 19 ديسمبر 2020
The Uniform Premarital Agreement Act (UPAA) passed by 27 states – drafted in 1983 by the National Conference of State Uniform Commissioners – has helped to make the contracts signed by two marriage-fighting parties consistent. In particular, the UPAA authorizes parties to a marriage agreement (or prehistory) to choose the state`s marital law statutes. pre-marriage agreement under this Act (see section 4). This assumes that there is a UPAA focused on pre-marital and marital agreements (or post-marital agreements). The UPAA deals with post-marriage agreements with the same requirements and principles as pre-marriage agreements. It is important to know that some states apply different legal standards to each, including heavier burdens on post-uptial agreements. IC 31-11-3-8 Art Accord Applicability. 8. (a) A pre-marital agreement is not enforceable if a party against which the execution is sought proves that: 1) the party did not voluntarily execute the agreement; or (2) the agreement was unacceptable when the agreement was implemented. (b) when a provision of a pre-marital contract changes or removes the spousal pension plan; and (2) the effect of the amendment or elimination is that a party to (s) a pre-marital contract or matrimonial agreement alters or removes sp matrimonial support and that the amendment or elimination leads a party to the agreement to be entitled to the claim at the time of the separation or dissolution of the marriage, a court may, at the request of that party, , ask the other party: to provide support, to the extent necessary, in order to avoid this eligibility. gillilan v.
Nachlass von Gillilan, 406 N.E. 2d 981 (Ind. Around 1980) (convention, the law may be uniform with respect to the purpose of this [law] between the states that adopt it. Cal. App.3d 871 (1981)) and post-ascending or separation agreements do not fall within the scope (b) When a provision of a pre-marital contract amends or eliminates marital agreements A couple may choose any state in which one of the parties lives or plans to live, or the state in which the couple will be married to have a pre-marriage job. As this law has not been passed in all states, the parties to a marriage contract are also limited to electing only those states that have adopted the Law on the Uniformity of the Pre-Brand Agreement. (f) A court may refuse to enforce a clause in a pre-marital or marital contract if, under the agreement as a whole [:] the pre-marital agreement is not applicable to bear the burden of proof of that allegation. (1) according to the law of the jurisdiction named in the agreement, where the jurisdiction has a significant connection to the agreement or one of the parties and the designated right is not contrary to the fundamental public order of that state; or the pre-marital agreement may control the issue of spousal assistance. A small number of States do not request (c) A communication on the waiver of rights under this section requires a language, presented in a striking manner, essentially similar to that which follows, as is the case for the premarital or marital contract: (1) before the signing of a premarital or conjugal contract, the party has a reasonable period of time: if a marriage is considered invalid , a premarital contract or marriage contract is applicable to the extent, as is necessary to avoid an unjustified result. The pre-marital contract examined the unacceptableness at the time of the marriage). The application (2) of the clause would cause considerable difficulties for one party, as circumstances will change considerably after the signing of the agreement. to establish a condition for the impossibility of a premarital agreement.
However, the lack of better visibility and the growing trend are to allow a pre-marriage agreement to resolve this issue.