Family law: marriage and divorce; uniform premarital and marital agreements act; create. Creates new act.
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Progress
Where this bill stands in the legislative process.
- Introduced
- Passed Senate
- Passed House
- To Governor
- Became Law
Overview
This bill creates the "Uniform Premarital and Marital Agreements Act" to standardize how prenuptial and postnuptial agreements are handled in Michigan. It defines key terms like ‘marital agreement’ and ‘duress,’ outlines when these agreements are enforceable, and establishes rules for their validity, interpretation, and enforcement. The act also addresses issues like legal representation, financial disclosure, and potential modifications to spousal support.
Key provisions
- Defines key terms related to premarital and marital agreements, including ‘duress,’ ‘marital agreement,’ and ‘marital right or obligation.’
- Specifies when the act applies to agreements signed on or after its effective date.
- Establishes requirements for independent legal representation and financial disclosure to ensure agreements are fair.
- Outlines circumstances under which an agreement may be deemed unconscionable or result in substantial hardship.
- Determines the law governing the interpretation of agreements – either the jurisdiction specified in the agreement or Michigan law.
- Addresses the enforcement of agreements regarding custodial responsibility and prohibits terms that adversely affect a child’s support rights.
- Provides for a tolling of the statute of limitations for claims related to these agreements during the marriage.
- Modifies the Electronic Signatures in Global and National Commerce Act to align with the new act.
Who is affected
Bill text
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