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ND HB1128

Bill

Status

Passed

5/2/2013

Primary Sponsor

Judiciary Committee

Click for details

Origin

House of Representatives

63rd Legislative Assembly

AI Summary

  • 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.

  • 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.

  • Agreements are unenforceable if a party proves involuntary consent, lack of independent legal representation, missing rights waiver notice, or inadequate financial disclosure.

  • 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.

  • 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

Committee Referrals

Judiciary1/8/2013

Full Bill Text

No bill text available