In the Event of a Divorce, How is a Prenuptial Agreement Treated?
Prenuptial (or antenuptial) agreements made in contemplation of marriage are valid in Michigan and the parties who enter into these contracts are bound by their terms. MCL 557.28. The occurrence of the marriage is sufficient consideration to make the agreement binding.
The validity and enforceability of such a contract will be upheld unless certain standards of fairness are not met. These points are considered:
- Was the agreement obtained through fraud, duress or mistake, or misrepresentation or nondisclosure of material fact?
- Was the agreement unconscionable when executed?
- Have the facts and circumstances changed since the agreement was executed, so as to make its enforcement unfair and unreasonable (and the change is something that could not have been foreseen at the time of making the contract)?