Prenuptial rules proposed to make state laws uniform

By August 21, 2012Family Law

On behalf of The Marks Law Firm, L.L.C posted in Family Law on Tuesday, August 21, 2012

Prenuptial agreements can sometimes be difficult documents for couples to agree on. Imagine how much more complicated they can become when the halves of the couple about to marry reside in separate states. One might live in St. Louis, Missouri, for instance, and the other in Miami, Florida.

The Uniform Law Commission, a group of attorneys, judges, legislators and professors has come up with a set of rules that will make laws regarding prenups uniform across all 50 states. The group had studied prenuptial rules and found wide disparity between states that made it difficult, and sometimes unfair, for people signing prenups.

In our modern, mobile society, it can be difficult for family law attorneys and financial adviser to keep everyone on the same page of a prenuptial agreement.

“It gets very, very stressful,” one investment adviser in New York said of trying to craft and enforce the agreements.

She’s part of a group of attorneys and advisers helping a man in New York marry a woman in California.

The Uniform Law Commission said not only are there wide disparities in prenup rules between the various states, but that things get even more complicated with postnups (also known as marital agreements) signed by people after they marry.

The commission proposed a prenup blueprint back in 1983. Although 26 states adopted the rules, it left a significant minority with individual guidelines that can leave mobile couples in a legal lurch.

Our firm handles family law, including prenuptial agreements. For more information, visit our St. Louis prenuptial agreements page.

Source: Dow Jones Newswires, “New Prenuptial Rules Aim to Get States on Same Page,” Arden Dale, Aug. 15, 2012