Uniform Marriage and Divorce Act

The Uniform Marriage and Divorce Act (UMDA) is an extensive uniform law which provides standards governing marriage, divorce, property distribution, alimony, child support, and custody. Arizona, Colorado, Illinois, Kentucky, Minnesota, Missouri, Montana and Washington have adopted it. The major provisions eliminate fault divorces, eliminate traditional defenses to divorce, provide for equitable distribution of property in non-community property states, provides for distributing community property, provide for alimony only in specific circumstances, and base child support and custody on certain factors.

Requirements for a Valid Premarital Agreement

There are several requirements for a valid premarital agreement. In deciding whether to uphold a premarital agreement, a court will consider a number of factors.

Abortion Funding

The Medicaid program was initiated to provide federal financial assistance to states that chose to reimburse the costs of certain medical procedures to needy individuals. In 1976, the Hyde Amendment was passed. The Hyde Amendment severely limited the use of federal funds to reimburse for costs associated with abortions.

Interspousal Tort Immunity Doctrine

Interspousal tort immunity is a doctrine that precludes tort actions between married individuals. The doctrine has common-law roots. The doctrine is based on the theory that a married couple is a single entity. In the early 1900s wives were considered the property of their husbands, therefore they were not permitted to sue their husbands. Obviously now this is no longer the case.

Invalid Provisions In a Premarital Agreement

Premarital agreements are governed by state law. Therefore, the law of the state in which the spouses reside determines what may and may not be included in a premarital agreement. While the law varies by state, there are a few generally applicable rules regarding what spouses may not agree to in a premarital agreement.