UPAA Compliance: Uniform Premarital Agreement Act requirements for validity and enforceability of prenuptial agreements, including framework for disclosure and execution
State Marriage Laws: State-specific marriage laws including community property vs. equitable distribution rules and state-specific requirements for prenuptial agreements
Federal Tax Law: Internal Revenue Code implications for property division, transfers, and tax consequences of the prenuptial agreement
ERISA Regulations: Federal regulations governing retirement accounts and their treatment in prenuptial agreements
Social Security Legislation: Federal laws regarding Social Security benefits and their interaction with prenuptial agreements
Written Agreement Requirement: Legal requirement that the prenuptial agreement must be in writing and properly documented
Voluntary Execution: Legal requirement that both parties must sign the agreement voluntarily without duress or coercion
Financial Disclosure: Requirement for full and fair disclosure of all financial assets, debts, and obligations by both parties
Independent Legal Counsel: Recommendation for both parties to have separate, independent legal representation during agreement creation
Execution Timing: Requirement for reasonable timing between agreement signing and wedding date to avoid claims of duress
Proper Execution: Requirements for proper execution including notarization and witnessing as per state law
Unconscionability Provisions: Legal principles regarding fairness and reasonableness of the agreement terms at time of execution and enforcement
Child-Related Restrictions: Prohibition on including child custody and support arrangements in prenuptial agreements
Public Policy Compliance: Requirement that all terms must comply with public policy and cannot include illegal provisions
