Prenuptial agreements, or “prenups,” are often seen as a safeguard for individuals entering into marriage, ensuring their assets and financial rights are protected in the event of a divorce. However, what happens when the terms of a prenuptial agreement feel unfair or outdated? Can you contest a prenup in Michigan? The short answer is yes, but it’s a complex process.
At The Law Offices of Michael A. Robbins, we’ve spent the last 30 years helping couples create prenuptial agreements. With a deep understanding of how these agreements are structured and enforced, we’re here to break down everything you need to know about contesting your prenup.
Can You Contest a Prenuptial Agreement in Michigan?
Yes, there are scenarios in which you can contest a prenuptial agreement during a Michigan divorce. Courts may decide not to enforce parts—or even all—of the agreement if the following grounds are proven:
Lack of Voluntariness
The court may invalidate the contract if you can show that you were coerced, pressured, or under duress when signing the prenuptial agreement. For example, if you were handed the agreement a day before the wedding and told you had to sign it, this could be a strong argument against voluntary consent.
Fraud or Misrepresentation
If one party intentionally withheld or misrepresented financial information during the drafting of the agreement, it may be invalid. For instance, hiding significant assets or underreporting income would qualify as fraud.
Unconscionable Terms
Even if both parties agreed to the terms of the prenup, it can be contested if the agreement is deemed grossly unfair or “unconscionable.” Courts will evaluate whether the terms were reasonable at the time of signing and remain reasonable based on current circumstances.
Changed Circumstances
If the life dynamics of the marriage have significantly changed (e.g., decades of marriage, illness, or financial reliance on the other spouse), a court may decide that enforcing the agreement would be unjust.
Improper Drafting or Execution
If the prenup was improperly drafted, lacked essential legal elements, or was signed without proper legal counsel, it may be invalid.
Even in cases where the agreement is valid, Michigan courts may still override it in limited circumstances. For example, courts can “invade” separate property outlined in a prenuptial agreement if it’s deemed necessary for the support of the other spouse. This underscores the importance of seeking legal advice when handling prenuptial disputes.
Steps to Contesting a Prenuptial Agreement in Michigan
Successfully contesting a prenuptial agreement requires careful planning and the assistance of an experienced attorney. Here’s what the process typically involves:
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Consult an Attorney
Hire a skilled family law attorney who is well-versed in Michigan divorce laws and prenuptial agreements. They will evaluate your case, review the prenup, and identify potential grounds for contesting it.
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Gather Evidence
Collect all relevant documentation, such as financial disclosures, communication surrounding the prenup, and proof of circumstances that support your claim (e.g., fraud, duress, or unfair terms).
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File a Motion
Your attorney will file a legal motion to contest the prenuptial agreement. This document will outline the grounds on which you are challenging the agreement.
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Prepare for Negotiation or Litigation
Some disputes over prenuptial agreements can be resolved through negotiation, with both parties reaching a mutually agreeable resolution. If negotiation fails, your case will proceed to court, where the judge will determine the enforcement of the agreement.
Tips for Contesting a Prenuptial Agreement
If you’re considering challenging a prenuptial agreement, here are some tips to guide you:
- Act quickly. There are time limits for challenging prenuptial agreements, so acting promptly is crucial.
- Document everything. Keep a record of all interactions related to the agreement, including emails and conversations, as they may serve as evidence in your case.
- Be prepared for resistance. Challenging a prenup can be emotionally taxing and may strain relationships with your spouse or their family. Be prepared for pushback and stay focused on your end goal.
- Be Realistic. Even if the court invalidates parts of the agreement, some provisions may still be upheld. Work closely with your attorney to understand the potential outcomes.
We’re Ready to Help
Facing divorce with an outdated prenuptial agreement can feel overwhelming, but you don’t have to navigate it alone. In Michigan, prenuptial agreements can be contested under certain circumstances, though the process is often complex and requires skilled legal support. If you believe your prenup is invalid or unfair, reach out to our team at The Law Offices of Michael A. Robbins. Our skilled attorneys will listen to your concerns and provide personalized advice on the best course of action for your case.