Michigan Senate Bill SB0160

Michigan 2025-2026 Regular Session

• Introduced: 3/18/25
• Refer: 3/18/25
• Report Pass: 4/17/25
• Report Pass: 4/22/25
• Refer: 4/17/25
• Refer: 4/22/25
• Report Pass: 4/23/25
• Engrossed: 5/7/25
• Refer: 5/7/25

Caption

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

Impact

The enactment of SB 160 is expected to significantly influence family law in Michigan, particularly concerning how premarital and marital agreements are interpreted and enforced. By introducing specific criteria for the enforceability of these agreements, including requirements for voluntary consent and prohibition against unfair terms, the bill seeks to enhance the protection of individuals from coercive practices during agreement signings. This is particularly critical in cases involving significant financial commitment or emotional pressure surrounding marriage.

Summary

Senate Bill 160, known as the Uniform Premarital and Marital Agreements Act, proposes to create a standardized framework for how premarital and marital agreements are formed and enforced within the state. This bill aims to ensure that such agreements clearly outline the rights and obligations of individuals before and during marriage, establishing legal definitions for terms such as 'marital dissolution' and 'duress'. It emphasizes the need for parties to provide adequate financial disclosure and access to independent legal representation to ensure fairness in the agreement process, reducing the chance for future disputes.

Sentiment

The general sentiment surrounding SB 160 appears to be supportive among those advocating for clearer family law regulations and protections of individual rights in marital agreements. Proponents argue that the bill will facilitate smoother divorce proceedings and help individuals better understand their rights and obligations. However, there may also be concerns regarding how the enforcement of such agreements could affect vulnerable parties, particularly in cases involving significant power imbalances within a marriage.

Contention

Notable points of contention around SB 160 include concerns about the potential misuse of premarital agreements, particularly in relation to the provision of spousal support and custodial responsibilities for children. Critics fear that overly draconian terms could unfairly penalize one spouse, particularly in cases involving domestic violence. The bill aims to address these concerns by ensuring that any provision adversely affecting a child's right to support or a victim's options under domestic violence laws is not enforceable, reinforcing the need to balance individual freedoms with protections against abuse.