Under Michigan Law, fairness of the prenuptial agreement is a must. General conract law applies as well as family law. In reviewing a prenuptial agreeement, in the event of a divorce, a Michigan Judge may void the agreement if it does not pass their smell test for fairness.
Several ways to overturn a Michigan Prenuptial Agreement are as follows:
- Proving the agreement is not fair, equitable and reasonable under the circumstances.
- Proving a party did not enter into the agreement voluntarily and with full disclosure of the other partys’ assets and liabilities.
- Proving a party did not understand their rights and what they waived by entering into the agreement.
- Proving the agreement involved fraud, lack of consent, mental incapacity or undue influence (that does not include a requirement to sign even on the date of the wedding).
- Facts and circumstances have changed significantly since signing the agreement making it unfair or unreasonable to enforce it.
- Both spouses did not validly sign the agreement
If you are considering whether to sign a Prenuptial Agreement enforceable in the State of Michigan or are seeking to overturn one in a Michigan Divorce, contact Diana Mohyi Attorney at Law to provide you with reliable counsel.