The act also provides, in accordance with the best established practice, that potential spouses have adequate knowledge of each other's property and finances, or at least have the opportunity to become aware of them before agreements concerning property and finances can be enforced. If one party conceals such information, the agreement will not be enforceable. Under the UPAA, couples can agree to almost anything from division of property at divorce to the division of household responsibilities. Nothing is excluded from the scope of the agreement, except those matters that are criminal or unconscionable. Given such latitude, the act promotes responsible planning and encourages prospective spouses to consider in advance a wide spectrum of issues that may affect their marriage.
Many American couples live in several states in the course of their marriage.
A premarital agreement executed in Delaware may need to be enforced in New Mexico, by a couple that has property in Florida and Ohio. If the Uniform Premarital Agreement Act is adopted everywhere, couples will not have to worry about renegotiating their agreement whenever they move to a new jurisdiction. Moreover, courts in every state will be able to apply the same standards in determining an agreement's validity, regardless of where it was executed. It is time that responsible partners to a marriage be treated by the law as adults, not as inexperienced and vulnerable children. Uniform passage of the UPAA will enable couples wishing to organize their affairs by a contract to do so through a valid and binding instrument of law.