MS SB2056

Enacts the Uniform Premarital Agreement Act in Mississippi, requiring premarital agreements to be in writing, signed by both parties, and effective upon marriage; no consideration is required for enforceability.

Allows prospective spouses to contract on property rights and obligations, disposition of property upon separation or death, spousal support modification or elimination, life insurance death benefits, and choice of law, among other matters.

Prohibits premarital agreements from adversely affecting a child's right to support, and allows courts to override spousal support waivers if enforcement would make a party eligible for public assistance.

Renders a premarital agreement unenforceable if a party proves it was not executed voluntarily, or that it was unconscionable at execution and the other party failed to provide fair financial disclosure.

Amends existing Mississippi statutes (Sections 93-3-7, 93-5-2, and 93-5-23) to ensure premarital agreements are not prohibited by spousal contracting restrictions and that courts respect premarital agreement terms regarding alimony and maintenance in divorce proceedings, effective July 1, 2010.