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MI SB0809
Bill
AI Summary
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Enacts the "uniform premarital and marital agreements act" to establish how premarital and marital agreements are created, enforced, and interpreted in Michigan.
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Requires premarital and marital agreements to be in writing and signed by both parties, effective upon marriage (premarital) or signing (marital), and enforceable without consideration.
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Allows a party to challenge agreement enforceability by proving involuntary consent or duress, lack of access to independent legal counsel, inadequate financial disclosure, or absence of a required waiver of rights notice explaining the agreement's terms.
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Prohibits enforcement of agreement terms that adversely affect a child's right to support, limit domestic violence remedies, modify divorce grounds, or penalize a party for initiating separation or dissolution proceedings; custodial responsibility terms are non-binding on courts.
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Applies to agreements signed on or after the act's effective date (6 months after enactment) and does not apply to agreements requiring court approval or divorce settlement agreements signed during pending marital dissolution proceedings.
Legislative Description
Family law: marriage and divorce; uniform premarital and marital agreements act; create. Creates new act.
Family law: marriage and divorce
Last Action
Placed On Second Reading
12/12/2024