Other state versions of the UPAA have modified the provision pertaining to voluntary execution.
Likewise, many states that have adopted the UPAA changed the rules applicable to challenging the agreement based on unconscionability.
The UPAA authorizes the elimination of spousal support and does not permit a review of the fairness of such a provision at divorce unless the waiving party would become a public charge.
Under the UPAA the challenging party must show that he or she did not receive "fair and reasonable" disclosure.
About half of all states have adopted the UPAA in some form.
The wife in Baker, in all likelihood, would have been saved had the UPAA been in effect at the time.
42) The UPAA, however, allows for a waiver of financial disclosure.
Combined with the apparently more stringent standards set forth in the UPAA, parties will have second thoughts about testing the enforceability of their agreements now that the Florida Supreme Court has recognized the enforceability of prevailing party attorneys' fee provisions contained in prenuptial agreements which would place liability on the impecunious spouse for the already dominant spouse's attorneys' fees should the agreement be upheld.
5) National Conference of Commissioners on Uniform State Laws (NCCUSL), Draft of UPAA [sections]1 (1983), available at www.
6) NCCUSL, Draft of UPAA [sections]12, available at www.