Michigan Family Law: Postnuptial Agreements
A post-nuptial agreement is entered into by a husband and wife during their marriage. It usually describes the couple's property and earnings, and sets out what will happen in the event of separation or divorce. In Michigan, a post-nuptial agreement is valid if it complies with certain essential rules.
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It Must Not Encourage Divorce
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In the 2008 case of Wright v Wright, the Michigan Court of Appeal stated that agreements between couples that encourage divorce are against public policy. A post-nuptial agreement must therefore be distinguishable from a separation agreement.
Voluntary Agreement
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As with any other contract, the parties to a post-nuptial agreement must be free from duress when they sign. Both parties should enter into the agreement on a voluntary basis.
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Full Disclosure
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It is important that each party is fully aware of the extent of the other's assets when entering into the post-nuptial agreement. The agreement will be unenforceable if a court discovers at a later date that either spouse failed to divulge certain relevant information.
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References
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