Michigan Senate Bill SB0160

Michigan 2025-2026 Regular Session

• Introduced: 3/18/25
• Refer: 3/18/25

Caption

Family law: marriage and divorce; uniform premarital and marital agreements act; create. Creates new act.

Impact

If enacted, SB 160 will reshape family law by clearly defining and regulating premarital and marital agreements. It includes provisions on financial disclosure, the conditions under which agreements can be deemed unenforceable, and the responsibilities of each party in relation to these agreements. Particularly noteworthy is the provision that addresses circumstances of duress, which can affect the validity of these agreements. The act stipulates that an agreement cannot be enforced if one party did not have access to independent legal representation or if they sign under duress.

Summary

Senate Bill No. 160 presents the 'Uniform Premarital and Marital Agreements Act', which aims to standardize the laws governing premarital and marital agreements within Michigan. The bill defines clear terms related to such agreements, including what constitutes duress, the parameters for marital agreements, and the rights and obligations of parties involved. This legislation seeks to promote uniformity with respect to these types of agreements across jurisdictions, thereby clarifying how they should be enforced and interpreted.

Contention

The passage of SB 160 may generate debate, especially concerning the rights of individuals entering into agreements without adequate legal counsel. Critics may argue that this could disproportionately affect individuals who may feel pressured into signing agreements or those who lack adequate financial resources to secure independent legal advice. Furthermore, the act stipulates that clauses affecting child support or custodial responsibilities are not enforceable, which could lead to disputes as it restricts the ability of parties to negotiate specific terms related to their children within these agreements.