Michigan Senate Bill SB0214

Michigan 2023-2024 Regular Session

• Introduced: 3/16/23
• Refer: 3/16/23
• Report Pass: 6/21/23
• Refer: 6/21/23
• Report Pass: 6/22/23
• Engrossed: 6/22/23
• Refer: 6/22/23

Caption

Family law: marriage and divorce; action to annul a marriage based on legal age of consent; modify. Amends sec. 34 of 1846 RS 84 (MCL 552.34).

Impact

If enacted, this bill would significantly alter the approach to marriage annulments concerning underage individuals. It recognizes the rights of parents or guardians to seek annulments for marriages involving minors, thereby reinforcing protections for youth and potentially reducing the incidence of unlawful marriages involving individuals below the legal age of consent. This change underscores a commitment to ensuring that minors are not coerced into marital arrangements without appropriate oversight.

Summary

Senate Bill 214 seeks to modify existing family law provisions regarding marriage annulment based on the legal age of consent. Specifically, it amends section 34 of the 1846 RS 84 titled 'Of Divorce.' The bill allows annulment actions to be instituted by the parent or guardian of a minor who was married under the legal age of consent. However, it excludes the possibility of annulment for a party who was of legal age at the time of marriage or for those who had cohabited freely after reaching the age of consent.

Sentiment

The sentiment around SB 214 appears to be generally supportive, particularly among child protection advocates and lawmakers who prioritize safeguarding minors. Proponents view the bill as a necessary update to existing laws that better reflect contemporary standards regarding marriage consent and the protection of young individuals. There may be concerns among some circles regarding the implications for older minors who might wish to marry legally, which could spark debate about balancing rights with protection.

Contention

However, the bill does raise some points of contention, particularly regarding the restriction that prevents parties of legal age from applying for annulment. Opponents might argue that this limitation could unfairly hinder individuals who, despite being of legal age, find themselves in circumstances that warrant annulment. The discussion around SB 214 thus reflects broader societal conversations about consent, individual rights, and the role of guardianship in marriage.