Getting a prenup in the State of Michigan is a legal possibility. You can ask a lawyer to help you draft a prenuptial agreement in Michigan. However, things are not as easy as it seems.
With that, you should keep in mind that there are some questions about getting a prenup in Michigan that can be legally answered. Let us start with this series of articles.
Can you force a Michigan court to just follow a prenup?
No, the Supreme Court has already ruled on the matter.
In the case of Allard v Allard, 318 Mich App 583 (2017), the court has already confirmed that the parties may not deprive a Michigan court of its statutory power and duty to create an equitable property settlement.
A counsel must inform clients seeking to have enforceable prenups that the trial court in the State of Michigan now has a fundamental basis for invalidating any prenup agreement. It is inherent in the Michigan court to invalidate a prenup that violates public policy by attempting to circumvent the court’s statutory power over the requirement of creating an equitable property settlement.
What provisions must now be included in the prenup?
The prenuptial agreement must now include provisions that the court in the Allard case
“The parties do not intend by this agreement to assert or waive any right to invade each other’s separate estates under MCL 522.23(1) or MCL 522.401 in contravention of a Michigan court’s inherent authority to create an equitable property settlement. To the extent the parties to this agreement are asserting or waiving a right to invade the other’s separate property, they intend to do so to the fullest limits allowed by law. While they intend every provision in this agreement to be enforceable as written, they do not intend to bind a court’s equitable jurisdiction or authority granted by those statutes.
“The parties intend that the term “property” in this agreement be interpreted as defined in Allard v Allard, 318 Mich App 583, 594-95 (2017).
“If a court or tribunal deems any portion of this agreement unenforceable as an attempt to bind the court’s power to create an equitable property settlement, the parties promise each other they will not request or accept any property the court might award under MCL 552.23(1) or MCL 552.401.
“The parties agree that if either seeks to modify or invalidate any part of this agreement that party will ask the court to make the modification in the most limited manner possible to create a result that is consistent with their intent and wishes as defined in this document.”
These are the provisions provided in the National Law Review article on the Allard case.
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The article that you have read is based on general applications of the law. It is not legal advice and it is not to be construed as any legal consultation with the firm. No client-attorney relationship is created when you read the articles we have provided.
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