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ND HB1128
Bill
Status
5/2/2013
Primary Sponsor
Judiciary Committee
Click for details
AI Summary
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Creates chapter 14-03.2 of the North Dakota Century Code establishing the Uniform Premarital and Marital Agreements Act, effective for agreements signed after July 31, 2013.
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Requires premarital and marital agreements to be in writing and signed by both parties; marital agreements must be signed within the first 120 days of marriage and are enforceable without consideration.
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Agreements are unenforceable if a party proves involuntary consent, lack of independent legal representation, missing rights waiver notice, or inadequate financial disclosure.
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Prohibits enforcement of agreement terms that adversely affect a child's right to support, limit domestic violence remedies, modify grounds for divorce, or penalize a party for initiating legal proceedings.
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Repeals the previous Uniform Premarital Agreement Act (chapter 14-03.1) and directs the legislative management to study marriage and marital agreements during the 2013-14 interim.
Legislative Description
The Uniform Premarital Agreement Act and the waiver of right to elect of a surviving spouse; and to provide for a legislative management study.
Last Action
Signed by Governor 05/02
5/2/2013