When Can You Get a Prenup Nullified?

A married couple’s financial situation can change dramatically between signing a prenuptial agreement and deciding to divorce. It’s no wonder that many spouses might see an old premarital agreement as unfair and wonder if they can invalidate it. While there are several circumstances under which Michigan courts will invalidate a prenuptial agreement, you will likely need a prenuptial agreement lawyer to help you make your case.

Does Michigan Recognize Prenuptial Agreements?

Michigan law clearly states that valid prenups remain in force throughout the length of a marriage, no matter how much things may have changed in the intervening years. That’s why it’s so important to think about the future when drafting premarital agreements. Working with a knowledgeable family attorney can help you avoid potentially costly mistakes down the line.

When Can the Court Invalidate a Prenup?

In Michigan, a family court might invalidate a prenuptial agreement for the following reasons:

• Duress: Prenups are only binding if entered voluntarily and not under threat or coercion.
• Lack of Fairness: A judge might invalidate a prenup that is highly unfair to one spouse, especially if it leaves them without reasonable support or in a state of financial hardship.
• Non-Disclosure: Parties to a prenup must fully disclose their assets, income, and debts. If one did not make a fair accounting of their financial situation to the other spouse, the agreement could be thrown out. 
• Improper Representation: Each party should have separate lawyers when creating and signing a prenup. If one party did not have legal representation, the agreement might not stand up in court.
• Invalid Provisions: A valid prenup cannot include terms that are illegal or go against public policy. For example, decisions about child support and child custody in a prenup are typically not enforceable.
• Fraud: A prenup is invalid if one or both parties signed it based on false information or lies.

Tips to Make My Prenuptial Agreement Enforceable

Here are some guidelines to make sure your prenup is enforceable under Michigan law:

• Be open and honest: Be completely sure that your future spouse is willingly signing the prenup without pressure or coercion.
• Do the financial legwork: Each party must fully disclose all their assets, liabilities, and income before signing the agreement, which requires an accurate accounting of separate property.
• Legal Representation: Both parties should have their own attorneys to review the agreement.
• Fairness: The agreement should be fair to both parties, providing reasonable support without causing financial hardship.
• Clear Writing: The terms of the prenup should be clear and unambiguous, avoiding any vague language that is open to interpretation.
• Timing: Sign the prenup well before the wedding date to avoid any claims of rush or pressure.

Should I Hire a Prenuptial Agreement Attorney?

Working with a prenuptial agreement lawyer is essential to protect your rights and future during the divorce process. You want an agreement that will provide you with your fair share of marital or community property in the event of a divorce. Our lawyers can make sure your prenup includes provisions for the equitable division of your marital property.

Contact Our Michigan Family Law Attorneys for Help

If you need help drafting a prenup or have questions about whether your agreement is legally valid, the team at Alward Fisher can help. Call our law firm today or complete our contact form for a consultation to get started.

This post was originally published in February 2021 and has been updated for accuracy and comprehensiveness in May 2024.