Prenuptial Agreements in Michigan

Frequently Asked Questions About Prenuptial Agreements in Michigan

Are prenuptial agreements enforceable in Michigan?

In Michigan, prenuptial agreements are enforceable, provided they meet the following criteria:

• They must be entered into voluntarily by both parties.
• They must be documented in writing and signed by both parties.
• Both individuals must fully disclose their assets and financial situations to each other prior to signing.

If an agreement is found to have been signed under duress or without proper disclosure, it may not be enforceable.

What may be included in a prenuptial agreement in Michigan?

Prenuptial agreements in Michigan typically include provisions regarding the division of assets, the management of debts, and guidelines for spousal support. These agreements can also specify how separate property will be protected in case of a divorce. However, the agreement cannot govern issues relating to child custody or child support, as these matters are determined by what is in the child’s best interest at the time of divorce.

What happens if circumstances change after a prenuptial agreement is signed in Michigan?

If significant changes occur after the execution of a prenuptial agreement in Michigan, the enforceability of the contract may be called into question. Changes that alter the fairness of the agreement or the financial circumstances of either party could lead to a reassessment of its terms. If an agreement appears to no longer reflect a reasonable balance of interests, it may be subject to revision. Courts may reconsider the terms if they find that the original conditions have shifted dramatically.

Can a prenuptial agreement be challenged in a court?

A prenuptial agreement can be contested in a court of law under certain conditions. Challenges often arise if the agreement is perceived as unfair or if either party claims they signed under duress. Additionally, if there is evidence of incomplete financial disclosure, the agreement’s validity may be questioned.

Do I need a lawyer for a prenuptial agreement in Michigan?

When drafting or reviewing a prenuptial agreement, individuals benefit from the assistance of a skilled Michigan family law attorney who can guide them in creating a comprehensive and equitable agreement that complies with state laws. The attorney can also identify potential challenges that may arise during dispute resolution.