Prenuptial/Antenuptial Agreements in Michigan

In recent years, the number of couples wanting a prenuptial/antenuptial agreement have increased. These agreements are valid in Michigan, and can cover every issue including property, and alimony issues in case of a divorce.

Who Makes These Agreements?

1. Often for first marriages, where one (or both) of the parties come from wealthy families or has substantial wealth, and it is important to protect premarital assets and/or future inheritances.
2. Individuals getting married for the second time with the goal to protect children of a prior marriage, and/or to keep separate the property that each person brings into a new marriage.

Will The Agreement Be Valid?

The agreements are looked at regarding fairness at the time that they are signed, and fairness at the time that they are being enforced. Generally, Michigan courts enforce prenuptial agreements in almost all situations. This is true even where there is a divorce after many years of marriage.

Some questions the court will ask:

• First, was the agreement obtained through fraud, duress, mistake or misrepresentation, or non disclosure of a material fact?
• Second, was the agreement unconscionable when entered into?
• Third, have the facts and circumstances changed since the agreement was signed, so as to make its enforcement unfair and unreasonable?

Conclusion

A pre-nuptial agreement is meant to handle the orderly disposition of property either in a divorce or a death. The prenuptial agreement should clearly set forth what the terms and conditions are. Additionally, to help ensure that a court finds that the prenuptial agreement is valid, it is best if each person has their own family law.