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MS SB2697
Bill
Status
2/23/2016
Primary Sponsor
Joey Fillingane
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AI Summary
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Creates the Uniform Premarital Agreement Act allowing prospective spouses to enter written, signed agreements made in contemplation of marriage that become effective upon marriage.
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Permits parties to contract regarding property rights, spousal support modification or elimination, life insurance death benefits, wills and trusts, choice of law, and other personal obligations not violating public policy or criminal law, but excludes child support from agreement modifications.
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Makes premarital agreements unenforceable if a party did not execute voluntarily or if the agreement was unconscionable and the party lacked fair disclosure of the other party's finances without written waiver of that right.
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Allows courts to override spousal support elimination if it would make a party eligible for public assistance at separation or marital dissolution, and tolls statutes of limitations during marriage while preserving equitable defenses like laches and estoppel.
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Amends Mississippi Code Sections 93-3-7, 93-5-2, and 93-5-23 to clarify that premarital agreements are not prohibited by existing marital contract restrictions and that courts may enforce such agreements in divorce proceedings.
Legislative Description
Uniform Premarital Agreement Act; enact.
Last Action
Died In Committee
2/23/2016