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MI SB0809

Bill

Status

Engrossed

12/12/2024

Primary Sponsor

Sue Shink

Click for details

Origin

Senate

102nd Legislature

AI Summary

  • Enacts the "uniform premarital and marital agreements act" to establish how premarital and marital agreements are created, enforced, and interpreted in Michigan.

  • 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.

  • 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.

  • 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.

  • 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

Committee Referrals

Government Operations12/13/2024
Civil Rights, Judiciary, And Public Safety4/9/2024

Full Bill Text

No bill text available