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Bill > SB0160


MI SB0160

MI SB0160
Family law: marriage and divorce; uniform premarital and marital agreements act; create. Creates new act.


summary

Introduced
03/18/2025
In Committee
05/07/2025
Crossed Over
05/07/2025
Passed
Dead

Introduced Session

103rd Legislature

Bill Summary

A bill to enact the uniform premarital and marital agreements act; and to determine how and when a premarital or marital agreement is enforced.

AI Summary

This bill creates the Uniform Premarital and Marital Agreements Act, which establishes comprehensive rules for creating, modifying, and enforcing prenuptial and marital agreements in Michigan. The act defines key terms like "premarital agreement" (an agreement between individuals planning to marry) and "marital agreement" (an agreement between spouses), and provides detailed guidelines for when such agreements are valid and enforceable. Specifically, agreements must be in writing, signed by both parties, and meet several important requirements, including that they cannot be signed under duress, must provide adequate financial disclosure, and must offer both parties a reasonable opportunity to seek independent legal representation. The bill also sets important limitations on these agreements, such as prohibiting terms that adversely affect a child's right to support, limit remedies for domestic violence, or penalize a party for seeking marital dissolution. Furthermore, the act allows courts to refuse to enforce agreement terms that were unconscionable when signed or would cause substantial hardship due to significant changes in circumstances. The law will take effect six months after its enactment and is designed to provide clarity and consistency in how premarital and marital agreements are interpreted and enforced in the state.

Committee Categories

Justice

Sponsors (4)

Last Action

Referred To Committee On Judiciary (on 05/07/2025)

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