Both Prenuptial Agreements and Postnuptial Agreements are contracts entered into either before marriage (prenuptial) or after marriage (postnuptial) that can define how property is divided and if spousal support is awarded. Prenuptial Agreements and Postnuptial Agreements are also known as antenuptial agreements. For a Prenuptial Agreement to be enforceable in Michigan provided certain requirements must be met and are examined in detail in the following video.
Requirements for a Prenuptial Agreement to be enforceable
The following requirements must be met for a Prenuptial Agreement to be enforceable. (Same is true for a Postnuptial Agreement)
- The Prenuptial Agreement must be voluntarily entered into. Free from fraud or duress, with a clear understanding of the nature and extent of the marital estate.
- The Prenumptial Agreement cannot be unconscionable to enforce.
- Changed circumstances can also limit enforcement.
- The Agreement cannot be entered in contemplation of divorce.
- Consideration and attention must be given to the Allard problem, specifically, the court’s requirement to determine if invasion of separate property is appropriate.
In this video, we provide a detailed explanation of the requirements for a Prenuptial Agreement to be enforced. In addition, we discuss how lawyers get around public policy concerns relating to agreements made in contemplation of divorce, such as a Postnuptial Agreement.
This Antenuptial video is part of the Michigan Divorce Education Series by Findling Law. We invite you to explore the series and feel comfortable reaching out with your questions or concerns.
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By: Daniel Findling (c) 2025.
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