Uniform Premarital Agreement Act (UPAA): Federal framework law adopted by many states that governs the validity and enforceability of prenuptial agreements, including requirements for execution and content
State Property Division Laws: State-specific regulations governing how property is divided in divorce (community property vs. equitable distribution states) and their impact on prenuptial agreements
State Alimony Laws: State-specific regulations regarding spousal support/alimony that must be considered when drafting prenuptial terms
State Inheritance Rights: Laws governing inheritance rights between spouses that may affect or be affected by the prenuptial agreement
Federal Tax Law: Federal regulations governing tax implications of marriage, divorce, and property transfers that must be considered in the agreement
ERISA Regulations: Federal law governing retirement accounts and their treatment in marital agreements
Social Security Benefits Law: Federal regulations regarding Social Security benefits in relation to marriage and divorce
Financial Disclosure Requirements: Legal requirement for complete and accurate disclosure of all assets and liabilities by both parties
Independent Legal Counsel Requirement: Legal requirement that both parties have the opportunity to seek independent legal counsel before signing
Voluntary Execution Rules: Legal requirements ensuring the agreement is signed voluntarily without duress or coercion
Constitutional Due Process: Constitutional requirements ensuring fair legal proceedings and protection of individual rights in contract formation
Equal Protection Laws: Constitutional guarantees of equal treatment under the law in marital agreements
Contract Law: Basic principles of contract law governing formation, execution, and enforcement of prenuptial agreements
Child Support/Custody Restrictions: Public policy limitations preventing predetermined child support or custody arrangements in prenuptial agreements
Public Policy Constraints: Legal restrictions preventing terms that violate public policy or promote divorce
