Michigan House Bill HB4300

Michigan 2023-2024 Regular Session

• Introduced: 3/16/23
• Refer: 3/16/23
• Report Pass: 5/17/23
• Engrossed: 6/21/23
• Refer: 6/27/23
• Report Pass: 6/27/23
• Enrolled: 6/27/23
• Chaptered: 7/18/23
• Passed: 7/18/23

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

The legislation aims to clarify and streamline the process related to annulments involving minors, reinforcing the legal framework that seeks to protect minors from forced or coerced marriages. By specifying that only guardians or parents can request annulment for minors, it addresses concerns surrounding the rights and welfare of minors in marital situations, thereby amending section 34 of the 1846 RS 84 (MCL 552.34). This change signifies a strong legislative intent to prioritize the safeguarding of minors in marriage-related matters.

Summary

House Bill 4300 amends the existing provisions regarding the annulment of marriages, particularly focusing on situations where one party involved was under the legal age of consent at the time of marriage. The bill permits actions to annul such marriages to be brought forth by a parent or guardian entitled to the custody of the minor, or by the next friend of the minor. However, it explicitly states that a marriage cannot be annulled on the application of a party who was of legal age at the time of the marriage.

Sentiment

The overall sentiment towards HB 4300 appears to be supportive, as it addresses crucial issues regarding the protection of minors. The bill passed the Senate with unanimous support, with no recorded nays during the third reading, indicating broad consensus on the need for reform in this area of family law. Legislators seem to view this bill as a necessary step towards ensuring that minors are not subjected to legal constraints without appropriate protections.

Contention

While the bill has garnered significant support, there may still exist discussions regarding the implications of such legal amendments on parental rights and the autonomy of minors in marital decisions. Critics may argue about the sufficiency of the protections in terms of safeguarding a minor's interests while balancing parental authority. However, based on the recent vote, any contention seems minimal with the focus remaining primarily on protective measures for minors.