Jurisdiction Cases Involving Enforceability or Modification to Separation Agreements in Michigan
Jurisdiction refers to the power of a court to decide a particular case. The rules on jurisdiction control when and in what court, or division of the court system, a party can request relief or assistance. In Michigan, whehter a particular court may change or undo agreements between divorcing or separating spouses depends upon whether the agreement is part of a court order and whether the disputed provisions involve property settlement or the custody and support of children.
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Making the Agreement Part of a Divorce Judgment
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In Michigan, the circuit court division has the sole authority to make rulings in divorce, child custody and child support cases. A spouse seeking a divorce must file a lawsuit in a local circuit court and, as part of the lawsuit, may ask that the separation agreement be made part of the divorce decree, or judgment.
Jurisdiction When Agreement Is Part of Divorce Judgment
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Once made part of a divorce judgment, a separation agreement is treated as an order of the court. A party may not bring a separate lawsuit to challenge or change the agreement, but must file a request in the case in which the judgment was entered. Only the circuit court that entered the divorce judgment may change or strike provisions of the judgment and agreement.
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Jurisdiction When Agreement Is Not Part of Divorce Judgment
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If the separation agreement has not become part of a court order, a party may file a separate lawsuit to have it declared invalid. Circuit courts in Michigan are authorized to hear lawsuits in which a party seeks to undo or render unenforceable a separation agreement. A spouse can ask for enforcement or invalidation of an agreement before getting a divorce.
Determining Whether to Enforce or Change an Agreement
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Generally, a court cannot undo a separation agreement unless the complaining spouse shows that the other spouse made false statements or threats. However, a court may modify or undo child custody provisions that are not in the best interest of a child or provisions that diminish child support, even if there is no fraud or threats. Courts normally will uphold agreements that provide more child support than the law requires.
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References
- Michigan Legislatures: Section 600.121
- State of Michigan: Court of Appeals: Grace v. Grace; Oct. 4, 2002
- State of Michigan: Court of Appeals: Davis v. Forest River, Inc; Feb. 21, 2008
- Benzie County Michigan Government: 19th Judicial Court
- Michigan Bar: Court of Appeals Opinions: Poss v. Poss: Nov. 15, 2005
- Ohio State Law Journal: "Parents Know Best: Revising Our Approach to Parental Custody Agreements"; Jellum; 2004
Resources
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