Enforcing a prenuptial agreement is not always easy. Some individuals think that as long as they have an agreed-upon prenuptial agreement in Michigan, they should be good to go. This is not the case.
In this article, let us talk about some common questions that you may have about enforcing a prenuptial agreement in Michigan and the answers that you should know.
Are all antenuptial agreements enforceable?
No, not all antenuptial agreements are enforceable. Keep in mind that just because you created a prenuptial agreement, it does not mean that it is already easy to enforce.
The facts and circumstances surrounding the creation of your prenuptial agreement can be used to invalidate the agreement. The law of each state may be used to invalidate a prenuptial agreement that may be unfair or unconscionable.
What makes an antenuptial agreement enforceable in Michigan?
An antenuptial agreement is enforceable in Michigan when it follows the Uniform Prenuptial Agreement Act. What is this law? It is a set of rules that many states in the United States, including the State of Michigan, that is used to determine whether the prenuptial agreement is enforceable.
In Michigan, the following must be included in the prenuptial agreement:
It must be fair and reasonable for both parties in all circumstances.
The couple must be able to see that the terms and the provisions are fair. They must both understand what every provision means. This part is often signified by the signature that both parties write on the contract.
It must be entered into voluntarily by both parties.
There must be no duress. There must be full disclosure of the provisions or the circumstances of the contract. Both parties must know and understand the prenup and why they entered into a prenuptial agreement.
It must be free from any kind of activity that normally invalidates a contract such as the following:
The prenuptial agreement must show that it is free from any kind of act that could invalidate its existence. The following are the instances that are often cited when one wants to invalidate an already existing prenuptial agreement.
- Fraud
- Lack of Consent
- Mental Incapacity
- Undue Influence
This will be discussed in another article as part of the series.
The facts and the circumstances of the parties must not have changed so much that it becomes unreasonable or unfair under the circumstances.
The prenuptial agreement and the circumstances surrounding it must not have changed so much that it becomes unfair for one or both parties to enforce the prenuptial agreement.
Both spouses must sign the agreement.
Both parties must attest to and sign the prenuptial agreement in Michigan for it to be valid. The absence of the signature of one of the parties necessarily invalidates the whole prenuptial agreement even if another one signs it.
There is a lot more about prenuptial agreements in Michigan that you should know. Read on this article series to find out more.
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