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