Having that uncomfortable talk with your spouse-to-be, and then going to the trouble of putting together a prenup before you say ‘I do’ was stressful enough. But now that you’re considering divorce, the news gets even worse – you’ve heard that your prenuptial agreement might not even hold together during the divorce! All that work for nothing! What a waste of time and money!
Now just hold your horses. Let’s not get our panties in a twist before we’ve got all the facts…
Is your prenup enforceable in a Michigan court?
Real talk – we can only really answer that if you come in and sit down with one of our skilled family law attorneys so they can look over your prenup to make sure that it’ll hold water in court. But before you do that, we’d like to break down a few of the basics when it comes to unenforceable prenups in Michigan. That way, you’ll have an idea of where you stand on this issue.
What kinds of prenups won’t the court enforce?
Although each case is different, on the whole, the Michigan family court won’t enforce a prenup if any of the following apply:
- There was any fraud or duress when executing the agreement. (you pressured your spouse into signing, for example, or you lied about your assets or debts when structuring the agreement!)
- There were mistakes, misrepresentations, or non-disclosure of material information when executing the agreement. (If there are any errors, or the information in the prenup is wrong, or worse – intentionally incorrect, the court won’t honor it!)
- The agreement was unconscionable when the parties executed it. (This just means that the agreement you two put on paper was outrageously unfair, like “I get everything if she gains more than five pounds during our marriage!”)
- It would be unfair to enforce the agreement because of a change in facts or circumstances. (If at the time the prenup was written – and you were set to get everything – you had a million in the bank and your beloved had nothing. But since then your company went bankrupt and your spouse has been supporting you for the last decade)
Most good attorneys won’t let you sign a crappy prenup!
One of the best ways to keep from crafting a crappy prenup that the court is going to laugh at, would be to get a good family law attorney. No attorney worth their salt would recommend that you sign a prenup that is wildly unfair, or that you’ve been pressured into signing. Why? Because it isn’t ethical, and because they know the court isn’t likely to let it stand. So if you want a prenup that’s likely to stand the test of time, make sure you get a good attorney to help you with it!
At The Kronzek Firm, we know a good prenup from a bad one!
Our skilled and experienced family law attorneys have been helping the people of mid-Michigan craft solid, fair and enforceable prenuptial agreements for decades. We stay up to date on changes in the law, and make sure that we always know exactly where the court stands in terms of enforceability for prenups. So if you’re considering divorce and are concerned about your prenup, or are planning to get married and want a prenup that stands the test of time, call us at 866 766 5245 today. We can help with that.