4 Things that Could Invalidate a Prenuptial Agreement in Michigan

 Posted on February 23,2022 in Family Law

A contentious Michigan 2017 divorce case allowed a wife to successfully receive property from her husband that had been previously protected under their prenuptial agreement, causing concern to many couples who were creating or had already entered into prenuptial agreements. In Allard v. Allard, the Michigan Court of Appeals ruled a divorce court could award marital and personal property to a spouse if he or she would be unfairly disadvantaged after the divorce, even if spouses had signed a prenuptial agreement preventing such distribution. 

This decision upended much of what was understood about Michigan’s prenuptial agreement law and shed light on how important it is to craft an agreement that is enforceable. If you are getting married and want a prenup, an attorney with experience in family law can help you avoid issues that may invalidate your agreement. Here are four common issues that could cause a prenup to be thrown out. 

Fraud or Deceit

If one spouse hides assets or debts from the other when they are signing the prenup, the spouse from whom the information was hidden does not have the information he or she needs to fully consent to signing such an important document. 

Threats or Coercion

Saying, “I will not marry you unless you sign a prenup” is not usually enough to invalidate a prenuptial agreement. Undue pressure, such as the threat of psychological or physical harm, or presenting a spouse with a prenup on the day of the wedding, must have occurred for the prenup to be invalid. 

Mental Incapacity

A spouse who is under the influence of drugs or alcohol cannot legally consent to signing a contract and a prenup signed under these circumstances could be deemed unenforceable. Likewise, if a spouse was suffering from a mental illness that prevented him or her from fully understanding the terms and consequences of a prenup, that prenup could be thrown out.  

Significant Change in Circumstances

If a couple’s situation changes so much that enforcing the prenup would be unfair, a judge can invalidate the contract. For example, if a spouse is in a car accident and is permanently disabled, a judge may overrule a prenup giving most of the marital property to the other spouse so the disabled spouse is not unfairly disadvantaged. 

Contact a Novi Prenuptial Agreement Lawyer

The worst time to find out that your prenuptial agreement is invalid is when you need it most - during a divorce. To avoid the complications of dealing with an unenforceable prenup, get help writing your prenup from an experienced Novi, MI prenuptial agreement attorney with Elkouri Heath, PLC. We have helped many couples craft thoughtful prenups that meet their individual needs and Michigan’s legal requirements. Call us today at 248-344-9700 to schedule a free case review. 

Source: 

https://www.natlawreview.com/article/allard-v-allard-precautionary-message-about-prenups