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(a) Parties to a premarital agreement may contract with respect to:

(1) The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located;

(2) The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property;

(3) The disposition of property upon separation, marital dissolution, annulment, termination of a domestic partnership pursuant to § 32-702(d), death, or the occurrence or nonoccurrence of any other event;

(4) The modification or elimination of spousal or domestic partner support;

(5) The making of a will, trust, or other arrangement to carry out the provisions of the agreement;

(6) The ownership rights in, and disposition of, the death benefit from a life insurance policy;

(7) The choice of law governing the construction of the agreement; and

(8) Any other matter, including their personal rights and obligations, not in violation of public policy or a statute imposing a criminal penalty.

(b) The right of a child to support may not be adversely affected by a premarital agreement.

(Feb. 9, 1996, D.C. Law 11-82, § 4, 42 DCR 6770; Apr. 4, 2006, D.C. Law 16-79, § 8(b), 53 DCR 1035; Sept. 12, 2008, D.C. Law 17-231, § 40(a), 55 DCR 6758.)

Prior Codifications

1981 Ed., § 30-143.

Effect of Amendments

D.C. Law 16-79, in subsec. (a)(3), substituted “annulment, termination of a domestic partnership under § 32-702,” for “annulment,”; and in subsec. (a)(4), substituted “spousal or domestic partner support” for “spousal support”.

D.C. Law 17-231, in subsec. (a)(3), substituted “pursuant to § 32-702(d),” for “under § 32-702,”.

Editor's Notes

Uniform Law: This section is based upon § 3 of the Uniform Premarital Agreement Act.


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