Senate File 409

                                       SENATE FILE       
                                       BY  COMMITTEE ON HUMAN RESOURCES

                                       (SUCCESSOR TO SSB 1149)


    Passed Senate,  Date               Passed House, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act providing for premarital and marital mediation agreements.
  2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  3 TLSB 2657SV 80
  4 pf/cl/14

PAG LIN

  1  1    Section 1.  NEW SECTION.  596A.1  MEDIATION AGREEMENTS ==
  1  2 REQUIREMENTS.
  1  3    1.  As used in this chapter, "premarital mediation
  1  4 agreement" means an agreement between prospective spouses,
  1  5 made in contemplation of marriage and to be effective upon
  1  6 marriage, in which the prospective spouses agree to submit any
  1  7 domestic relations dispute arising during the marriage to
  1  8 mediation.
  1  9    2.  A premarital mediation agreement shall be in writing
  1 10 and signed by both prospective spouses.  It is enforceable
  1 11 without consideration other than the marriage.  Both parties
  1 12 to the agreement shall execute all documents necessary to
  1 13 enforce the agreement.
  1 14    3.  A premarital marriage agreement becomes effective upon
  1 15 marriage of the parties.
  1 16    4.  Parties to an existing marriage may also enter into a
  1 17 marital mediation agreement in which the spouses agree to
  1 18 submit any domestic relations dispute arising during the
  1 19 marriage to mediation.  A marital mediation agreement entered
  1 20 into by spouses shall be in writing and signed by both
  1 21 parties.  It is enforceable without consideration other than
  1 22 marital consortium.  Both parties to the agreement shall
  1 23 execute all documents necessary to enforce the agreement.
  1 24    5.  Any mediation provided under a premarital mediation
  1 25 agreement or marital mediation agreement shall comply with the
  1 26 provisions of section 598.7A.
  1 27                           EXPLANATION
  1 28    This bill provides for the execution of premarital and
  1 29 marital mediation agreements.
  1 30    The bill defines "premarital mediation agreement" as an
  1 31 agreement between prospective spouses, made in contemplation
  1 32 of marriage and to be effective upon marriage, in which the
  1 33 prospective spouses agree to submit any domestic relations
  1 34 dispute arising during the marriage to mediation.  The bill
  1 35 requires that a premarital mediation agreement be in writing
  2  1 and signed by both prospective spouses.  The agreement is
  2  2 enforceable without consideration other than the marriage.
  2  3 The bill provides that a premarital mediation agreement
  2  4 becomes effective upon the marriage of the parties.
  2  5    The bill also provides that parties to an existing marriage
  2  6 may enter into a marital mediation agreement.  A marital
  2  7 mediation agreement is enforceable without consideration other
  2  8 than marital consortium.
  2  9    The bill provides that any mediation provided under any
  2 10 mediation agreement is to comply with the existing provisions
  2 11 regulating mediation under Code chapter 598 (dissolution of
  2 12 marriage and domestic relations).
  2 13 LSB 2657SV 80
  2 14 pf/cl/14