Michigan Prenuptial Agreements

Are Prenuptial Agreements Valid in Michigan?

Yes. Prenuptial (also called antenuptial) agreements are enforceable in a divorce action, so long as they meet a three-pronged test for determining validity and fairness:

• Was the agreement obtained with full disclosure of assets, and without fraud, duress, mistake, or misrepresentation?
• Was the agreement fair to both parties when signed?
• Although facts and circumstances may have changed since the signing, is it still fair and reasonable to enforce it?

The spouse who is challenging the validity of a prenuptial agreement has the burden of proving that some or all of these factors are not met. If the prenuptial agreement is set aside by the court, the general rules of property division and spousal support will apply.

In a country where over half of first marriages end in divorce, many people contemplating second or third marriages who have assets and grown children, find that having a properly drafted prenuptial agreement is an excellent safeguard that allows them to pursue their desire to remarry without risking the lost of assets they have worked all their lives to build.