This part 3 may be cited as the “Uniform Premarital and Marital Agreements Act”. Source: L. 2013: Entire part R&RE, (HB 13-1204), ch. 239, p. 1159, § 1, effective July 1, 2014. Editor’s note: This section is similar to former § 14-2-301 as it existed prior to 2013.
In this part 3: “Amendment” means a modification or revocation of a premarital agreement or marital agreement. “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 legal separation, marital dissolution, death of one of the spouses, or […]
This part 3 applies to a premarital agreement or marital agreement signed on or after July 1, 2014. This part 3 does not affect any right, obligation, or liability arising under a premarital agreement or marital agreement signed before July 1, 2014. This part 3 does not apply to: An agreement between spouses which affirms, […]
Prospective parties to a civil union and present parties to a civil union may contract to make an agreement relating to the civil union that includes any of the rights and obligations that may be included in a premarital agreement or marital agreement pursuant to this part 3. The provisions of this part 3 and […]
The validity, enforceability, interpretation, and construction of a premarital agreement or marital agreement are determined: By the law of the jurisdiction designated in the agreement if the jurisdiction has a significant relationship to the agreement or either party at the time the agreement was signed and the designated law is not contrary to section 14-2-309 […]
Unless displaced by a provision of this part 3, principles of law and equity supplement this part 3. Source: L. 2013: Entire part R&RE, (HB 13-1204), ch. 239, p. 1161, § 1, effective July 1, 2014.
A premarital agreement or marital agreement must be in a record and signed by both parties. The agreement is enforceable without consideration. Source: L. 2013: Entire part R&RE, (HB 13-1204), ch. 239, p. 1161, § 1, effective July 1, 2014. Editor’s note: This section is similar to former § 14-2-303 as it existed prior to […]
A premarital agreement is effective on marriage. A marital agreement is effective on signing by both parties. Source: L. 2013: Entire part R&RE, (HB 13-1204), ch. 239, p. 1161, § 1, effective July 1, 2014. Editor’s note: This section is similar to former § 14-2-305 as it existed prior to 2013.
If a marriage is determined to be void, a premarital agreement or marital agreement is enforceable to the extent necessary to avoid an inequitable result. Source: L. 2013: Entire part R&RE, (HB 13-1204), ch. 239, p. 1161, § 1, effective July 1, 2014. Editor’s note: This section is similar to former § 14-2-308 as it […]
A premarital agreement or marital agreement is unenforceable if a party against whom enforcement is sought proves: The party’s consent to the agreement was involuntary or the result of duress; The party did not have access to independent legal representation under subsection (2) of this section; Unless the party had independent legal representation at the […]
In this section, “custodial responsibility” means parental rights and responsibilities, parenting time, access, visitation, or other custodial right or duty with respect to a child. A term in a premarital agreement or marital agreement is not enforceable to the extent that it: Adversely affects a child’s right to support; Limits or restricts a remedy available […]
A statute of limitations applicable to an action asserting a claim for relief under a premarital agreement or marital agreement is tolled during the marriage of the parties to the agreement, but equitable defenses limiting the time for enforcement, including laches and estoppel, are available to either party. Source: L. 2013: Entire part R&RE, (HB […]
In applying and construing this uniform act, consideration may be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. Source: L. 2013: Entire part R&RE, (HB 13-1204), ch. 239, p. 1164, § 1, effective July 1, 2014.
This part 3 modifies, limits, or supersedes the federal “Electronic Signatures in Global and National Commerce Act”, 15 U.S.C. section 7001 et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. section 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that act, […]
