The Uniform Premarital Agreement Act is a regulation that allows the parties of a premarital contract to choose the states jurisdiction under which their contract will fall. A couple can choose any state in which one of the parties live 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.
As for the state of Alaska we have not yet adopted this act.
The legal requirements for a valid prenuptial agreement must be in writing, contain a full disclosure of assets before marriage, and must be signed by both husband and wife.
The factors that can invalidate the prenuptial agreement is false or incomplete information, the bride and groom need time to agree or disagree with the agreement. Otherwise it will become invalid.
No, prenuptial agreements should not be compulsory. Prenuptial agreements make a statement of mistrust, no matter how practical it may sound. If anything should be compulsory for couples before they wed, it should be marriage counseling. Counseling tends to reveal the challenges that may lie ahead for two people, and tools are given for dealing with differences and unexpected situations. Prenuptial agreements scream out loud that people’s assets are more important to them than the person they are intending to share a lifetime with, and perhaps raise children with. Mandatory statements of fear and distrust are not healthy ingredients for marriage.
The advantages to a prenuptial agreement clear everything up before you get married. Therefore in the event of a divorce, it is already determined where the property, assets and money go. This eliminates the things to dispute in court.
The disadvantages are, it is not romantic, the time may not be right and the state law may protect you without a prenuptial.
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