The Importance of Fairness in Michigan Prenuptial Agreements

Under Michigan Law, fairness of the prenuptial agreement is a must. General contract law applies as well as family law. In reviewing a prenuptial agreements, 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 party’s 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.

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