Are you wondering whether you can get out of a postnuptial agreement in Michigan?
State courts take these agreements seriously, but they also hold them to a high standard, and agreements that fall short of that standard don’t always hold up.
If yours involves factors like duress, a lack of financial disclosure, or a grossly one-sided arrangement, you may have more legal options than you realize.
The family law attorneys at Alward Fisher have extensive experience helping clients in Traverse City and across Northern Michigan with evaluating and challenging marital agreements.
If anything about your postnuptial agreement doesn’t feel right, don’t wait to get a professional opinion.
Contact Alward Fisher today to arrange your fully confidential initial consultation and find out where you stand.
What Is a Postnuptial Agreement?
A postnuptial agreement is a legally binding contract that two spouses sign after they are already married.
Like a prenuptial agreement, it typically addresses how the couple will divide property, assets, and debts if the marriage ends in divorce or death.
A couple might sign a postnuptial agreement in Michigan to address a significant change in finances, resolve ongoing property conflicts, or formalize arrangements after one spouse receives an inheritance or starts a business.
Requirements for a Postnuptial Agreement to Be Enforceable in Michigan
Michigan courts will only enforce postnuptial agreements if they meet several baseline requirements, including the following:
- The agreement must be in writing and properly signed by both spouses.
- Both parties must have fully disclosed their assets and financial circumstances before signing.
- Each spouse should have had a genuine opportunity to consult with an independent attorney.
- Neither spouse should have signed under duress or coercion.
Beyond those procedural postnuptial agreement requirements, Michigan courts will also consider whether the agreement was intended to preserve the marriage or to set the stage for divorce.
Courts will only enforce agreements that served the marriage, not those designed as off-ramps.
What Are the Common Grounds for Challenging a Postnuptial Agreement in Michigan?
If you want to challenge your postnuptial agreement, Michigan law gives you several potential grounds.
Courts may reject agreements if one spouse failed to fully disclose their finances, one spouse faced pressure or coercion to sign, or the terms were so one-sided that enforcing them would be unfair.
Courts also look closely at the purpose behind the agreement. Under the framework Michigan courts established in cases like Wright v. Wright, an agreement that appears designed to facilitate divorce rather than protect the marriage likely won’t hold up.
Factors That Make a Postnuptial Agreement Unfair or Unenforceable
Postnuptial agreements carry real legal weight in Michigan, but postnuptial agreement enforceability isn’t automatic. Several factors may cause a judge to set aside or limit an agreement.
If any of the following factors apply to your situation, you could have grounds to challenge your postnuptial agreement:
- One spouse did not fully disclose their assets, debts, or financial situation before signing.
- One spouse signed under duress, pressure, or coercion.
- One spouse lacked the mental capacity to understand the agreement at the time of signing.
- The agreement was not in writing or was not properly signed.
- One spouse did not have the opportunity to consult an independent attorney before signing.
- The terms of the agreement were grossly one-sided or unconscionable at the time of signing.
- The agreement was meant to encourage or facilitate divorce rather than preserve the marriage.
- The couple’s circumstances have changed so dramatically since signing that enforcing the agreement would produce an unfair outcome.
- The agreement attempts to waive child support or limit the court’s authority over child custody.
- The agreement attempts to strip the court of its authority over property division at divorce.
Options for Modifying or Revoking a Postnuptial Agreement in Michigan
You don’t necessarily have to challenge your postnuptial agreement in court to change it.
If both spouses agree, you can modify or revoke the agreement at any time, provided you do so in writing and with the same formality as the original agreement. A written revocation signed by both parties will generally supersede the original document.
If your spouse won’t agree to modify or revoke the agreement voluntarily, litigation may be necessary.
Whichever route you go, it’s advisable to work with a postnuptial agreement lawyer before you take any action.
FAQs About Postnuptial Agreements in Michigan
If anything feels off, you may have more options for challenging a postnuptial agreement than you think. The following are answers to some of the questions our attorneys hear most frequently on this topic.
Can a Michigan court override our postnuptial agreement even if it decides not to throw it out entirely?
Yes. Judges retain authority over property division even when nuptial agreements are in place, meaning they may adjust outcomes they believe would otherwise be unfair. Courts can also decline to enforce provisions that attempt to waive child support or predetermine custody arrangements, as those decisions belong to the court alone.
I signed our postnup because I was afraid my spouse would leave. Does that count as duress?
Possibly. Michigan courts closely examine the circumstances surrounding a signing, and fear of abandonment may factor into a duress analysis. It may be a particularly important factor if your spouse used that fear as leverage to pressure you into signing terms you otherwise would have refused.
How do I know if our agreement was designed to encourage divorce rather than protect our marriage?
Michigan courts look at several concrete factors when they make this determination, including the following:
- Whether the agreement’s terms heavily favor one spouse
- Whether your spouse took steps toward divorce shortly after you signed
- Whether the agreement included any provisions aimed at preserving the marriage, such as a counseling requirement or a cooling-off period before either spouse could file
- Whether the specifics of the agreement suggest one spouse was already planning an exit
The most reliable way to assess this question is to sit down with a family law attorney who can review your agreement and provide an honest evaluation.
How a Michigan Postnuptial Agreement Lawyer Can Help
You don’t have to accept a postnuptial agreement in Michigan if you believe it’s unfair or improperly executed.
A knowledgeable attorney can help you understand whether yours would hold up in court and take steps to protect your rights.
Contact Alward Fisher today to arrange your fully confidential initial consultation and get the answers you need.