UPMAA (Uniform Premarital and Marital Agreements Act)
Also known as: Uniform Premarital and Marital Agreements Act
A 2012 model law from the Uniform Law Commission updating the UPAA. Adopted by only three US jurisdictions: Colorado, North Dakota, and the District of Columbia.
The UPMAA strengthens UPAA in two main ways. First, it expands unconscionability defenses, giving courts more room to refuse enforcement of agreements that are deeply one-sided. Second, it explicitly addresses each party's access to independent legal representation as a factor in enforceability.
Only Colorado, North Dakota, and DC have adopted UPMAA. Virginia and South Dakota are commonly but incorrectly listed as UPMAA states — both remain UPAA jurisdictions.
Related terms
- UPAA (Uniform Premarital Agreement Act) — A model law drafted in 1983 by the Uniform Law Commission and adopted by approximately 28 US states plus DC. Standardizes the requirements and defenses for premarital agreements.
- Unconscionability — A judicial doctrine that allows courts to refuse to enforce contracts that are shockingly unfair. The second pillar (with voluntariness) of prenup invalidation.
- Independent Counsel — Each spouse having their own attorney during prenup negotiation. Required by statute in California; heavily weighted in every other state.
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