The Lawletter Vol 44 No 4
One of the most common formalities required for family law agreements is that they must be in writing. At common law, premarital agreements were within the statute of frauds. The Uniform Premarital Agreements Act ("UPAA") requires that premarital agreement be both written and signed by both spouses. UPAA §§ 2, 5. Many states, by case law or statute, likewise require that divorce settlement agreements be written. Amendments to family law agreements must also often be written.
A generation ago, a writing requirement was easy to construe—the text of the agreement had to appear on paper. But in the 21st century, the world is increasingly paperless. It seems quite likely that the world of family law agreements will join the movement away from paper.Read More