A bill to enact the uniform premarital and marital agreements act; and to determine how and when a premarital or marital agreement is enforced.
This legislation defines and governs the applicability and enforcement of premarital and marital agreements, detailing amendments, duress, and related terms. It specifies that the act applies only to agreements signed after its effective date, excluding those requiring court approval or related to marital dissolution proceedings already underway. The act outlines conditions for the validity, enforceability, and interpretation of agreements, including the need for agreements to be in writing and signed by both parties, and enforceable without consideration. Premarital agreements become effective upon marriage, while marital agreements are effective upon signing. The act protects against involuntary consent and lack of legal representation, requiring clear financial disclosure and the option for independent legal advice, ensuring agreements are fair and knowingly entered into. Additionally, it addresses the consequences of modifying or eliminating spousal support, the enforceability of terms affecting children's rights or domestic violence remedies, and the interaction with electronic signature laws. The act emphasizes the importance of financial disclosure, the potential for court intervention in cases of undue hardship or unconscionability, and the non-enforceability of terms adversely affecting children or penalizing legal action for separation or dissolution. It also tolls the statute of limitations for claims under these agreements during the marriage and seeks to promote uniformity among states enacting it.
Co-sponsored by Sens.
Referred to the Committee on Civil Rights, Judiciary, and Public Safety
Reported without amendment
Referred to the Committee of the Whole
Reported without amendment
Passed in the Senate 23 to 13 (details)
