UPAA Compliance: Ensure compliance with Uniform Premarital Agreement Act, which provides framework for creation and enforcement of prenuptial agreements
Internal Revenue Code: Consider tax implications and requirements for financial disclosures under federal tax law
Securities Exchange Act: Address requirements for disclosure of investment holdings and securities if applicable
State Matrimonial Laws: Comply with specific state requirements for marriage contracts and prenuptial agreements
State Property Laws: Address state-specific regulations regarding property division and classification (community property vs. equitable distribution)
Financial Disclosure Requirements: Complete listing of assets, liabilities, income sources, business interests, investments, real estate, and retirement accounts
Timing Requirements: Ensure adequate time between agreement execution and marriage date as per state requirements
Legal Representation: Requirement for independent legal counsel for both parties to ensure enforceability
Execution Requirements: Proper execution including voluntary signing, notarization, and witnessing as required by state law
Enforceability Factors: Address factors affecting enforceability including unconscionability, duress, coercion, and fraud
Inheritance Rights: Consideration of future inheritance rights and their treatment in the agreement
Business Interests Protection: Specific provisions for protection and disclosure of business ownership interests
Retirement Benefits: Treatment of retirement accounts and benefits, including compliance with ERISA if applicable
Debt Allocation: Clear specification of how existing and future debts will be allocated between parties
