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MS HB1042

Bill

Status

Failed

2/13/2014

Primary Sponsor

Bobby Moak

Click for details

Origin

House of Representatives

2014 Regular Session

AI Summary

  • Creates the Uniform Premarital and Marital Agreements Act effective July 1, 2014, establishing requirements for premarital and marital agreements in Mississippi.

  • Requires all premarital and marital agreements to be in writing and signed by both parties, with enforceability not dependent on consideration.

  • Establishes grounds for unenforceability including involuntary consent, lack of independent legal representation, inadequate financial disclosure, and unconscionable spousal maintenance or attorney fee provisions.

  • Prohibits enforcement of agreement terms that adversely affect child support rights, restrict domestic violence remedies, penalize parties for initiating divorce proceedings, or violate public policy.

  • Allows parties to designate governing law from any jurisdiction with a significant relationship to the agreement, provided it does not conflict with Mississippi's fundamental public policy or rights of married women.

Legislative Description

Uniform Premarital and Marital Agreements Act; enact.

Last Action

Died On Calendar

2/13/2014

Committee Referrals

Judiciary A1/20/2014

Full Bill Text

No bill text available