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The Uniform Premarital and Marital Agreements Act
Part One of this article described the genesis of the uniform acts ' UPMAA and UPAA ' and compared New York law with the Acts. Part Two reviewed other differences between New York law and the UPMAA and UPAA. The third and final part herein discusses variations in the acts.
Variation in 'Uniform' Laws
The previous sections of this article (Part One: http://bit.ly/1HxcK4D; Part Two: http://bit.ly/1QjqAyW) and the chart'below reflect the UPAA and UPMAA as drafted by the ULC. That a state is listed on the ULC website as having adopted the UPAA or that the state has a chapter of its statutes entitled “uniform premarital agreement act,” however, does not mean the state's statutes actually repeat the UPAA. So far, adopting the UPMAA has not meant adopting all of its major provisions either. Practitioners cannot, therefore, rely on any two states' statutes to be “uniform” without reviewing those statutes. They must review case law as well, because that case law may introduce variation even where the statutory text is uniform.
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