If you have a prenuptial agreement and you and your spouse decide to part ways and file for divorce, your marital estate will be divided per the terms of your divorce. Your prenuptial agreement will also dictate things such as entitlement to alimony, as well as how any other financial arrangements are to be handled.
In order to have the terms of a prenuptial agreement upheld, though, you will have to prove to the judge over your divorce case that your prenup is indeed valid.
How to Prove the Validity of a Prenuptial Agreement
If your spouse disagrees with the terms of your prenuptial agreement and believes that it is not enforceable, they will have a chance to prove to the court that the agreement was invalid. A prenuptial agreement may be invalid if:
- It was signed as a result of force or coercion;
- It was composed with fraudulent information (i.e. one spouse did not fully disclose their assets or liabilities);
- It was signed under duress; or
- It contains ridiculous or unconscionable provisions.
If you want to prove that the agreement is indeed valid, however, and that it should therefore be upheld by the court, you will need to offer proof that both you and your spouse signed it while in a sound frame of mind and without pressure or force, it was composed in a good faith effort with all parties fully disclosing all relevant information, and its provisions are reasonably fair and just.
Keep in mind that a judge may uphold certain terms of a prenuptial agreement, but dismiss others that are unjust or misaligned with Michigan’s laws. For example, if the prenuptial agreement has a provision regarding who will get custody of the child or how much in child support one parent must pay, this will likely be thrown out, as prenuptial agreements are only permitted to address financial matters, not issues related to children.
How a Michigan Divorce Attorney Can Help
If you have a prenuptial agreement and are filing for divorce, and are worried that your spouse may call the validity of the prenuptial agreement into question in order to get more financial gain out of the divorce, you should contact an experienced divorce lawyer. A Michigan divorce attorney can help you to prove the validity of a prenuptial agreement, and negotiate for a divorce settlement that serves your best interests.
At the Law Offices of Michael A. Robbins, our talented divorce lawyers are ready to work for you. Contact us today at 248-646-7980 for a free case consultation. You can also tell us more about your situation by filling out our online form. Your information is completely confidential.