• Current through October 23, 2012

(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,".

Legislative History of Laws

For legislative history of D.C. Law 11-82, see Historical and Statutory Notes following § 46-501.

For Law 16-79, see notes following § 46-501.

Law 17-231, the "Omnibus Domestic Partnership Equality Amendment Act of 2008", was introduced in Council and assigned Bill No. 17-135, which was referred to the Committee on Public Safety and the Judiciary. The Bill was adopted on first and second readings on April 1, 2008, and May 6, 2008, respectively. Signed by the Mayor on June 6, 2008, it was assigned Act No. 17-403 and transmitted to both Houses of Congress for its review. D.C. Law 17-231 became effective on September 12, 2008.

Uniform Law

This section is based upon § 3 of the Uniform Premarital Agreement Act. See 9C Uniform Laws Annotated, Master Edition, or ULA Database on Westlaw.