UNIFORM PREMARITAL & MARITAL AGREEMENT ACT S.B. 809:
SUMMARY OF BILL
REPORTED FROM COMMITTEE
Senate Bill 809 (as reported without amendment)
Sponsor: Senator Sue Shink
Committee: Civil Rights, Judiciary, and Public Safety
CONTENT
The bill would enact the "Uniform Premarital and Marital Agreement Act" to do the following:
-- Prescribe the enforceability of premarital and marital agreements and specify that
agreements would have to be signed in record by both parties.
-- Specify that an agreement would be unenforceable if it were signed under duress or
provided that each party did not have appropriate informed consent.
-- Require that a party have access to independent legal representation, a notice of a waiver
of rights, and adequate financial disclosure in an agreement.
-- Prohibit an agreement from being enforceable if it adversely affected custodial rights or
penalized a party for seeking divorce.
-- Specify that premarital or marital agreements signed after the Act's effective date would
generally be determined by the law of the jurisdiction designated in the agreement.
-- Specify that the Act would not apply to certain modifications to agreements that required
court approval, such as separation agreements or a transfer of property when certain
rights were waived.
BRIEF RATIONALE
The Uniform Premarital and Marital Agreement Act (UPMAA) was initially created in 1983 and
updated in 2012 by the Uniform Law Commission under the National Conference of
Commissioners on Uniform State Laws. A version of the Act has been adopted by 29 states.1
According to testimony before the Senate Committee on Civil Rights, Judiciary, and Public
Safety, couples entering into agreements that make financial decisions or asset divisions
should have confidence that the agreement will be upheld in the case of a divorce.
Accordingly, it has been suggested to enact a State version of the UPMAA to provide
transparency to couples entering premarital or martial agreements.
Legislative Analyst: Eleni Lionas
FISCAL IMPACT
The bill would have no fiscal impact on State or local government.
Date Completed: 11-4-24 Fiscal Analyst: Joe Carrasco, Jr.
1"Premarital and Marital Agreements Act", Uniform Law Commission.
https://www.uniformlaws.org/committees/community-home?CommunityKey=2e456584-938e-4008-
ba0c-bb6a1a544400 Retrieved 10-22-24.
floor\sb809 Bill Analysis @ www.senate.michigan.gov/sfa
This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not
constitute an official statement of legislative intent.