Skip to Main Content
Litigation Blog.
The seasoned lawyers and litigators at The Rubinstein Law Firm are here to share their insights with you.

Prenuptial agreements are not always ironclad

Prenuptial or premarital agreements were once something the wealthy used when they remarried. Now, these agreements have become more common for couples in all income brackets. In fact, millennials in particularly embraced them in recent years. However, it is important to remember that binding legal agreements must follow the prenuptial laws here in Michigan.

Potential issues

Prenuptial agreements are like other contracts we sign, which means that some are more binding than others. Issues that can jeopardize the agreement include:

  • Signing it under duress: Contracts are rarely binding if one party is forced by the other to sign it. For example, a partner cannot threaten to cancel the wedding unless an agreement is signed.
  • Not a legal document: Certain legal statutes must be met here in Michigan for the prenup to be valid. The guidance of a family law attorney practicing here can help ensure that the agreement meets all legal requirements.
  • Not equitable: An agreement that is thought unreasonable will likely get dismissed by a judge as non-binding, mainly if the conditions are unrealistic or unconscionable.
  • Includes fraudulent details: The agreement cannot knowingly misrepresent the facts about a spouse, such as how much they are worth or details about their personal history.

Lawyers can review these documents

Those with questions about a prenup they signed should make a copy for an attorney to review. They can review the document and the circumstances of how it was drafted. They then can weigh the conditions in light of what happened during the subsequent marriage. The attorney can also draw upon their experience and knowledge of family law to offer an opinion of how a potential divorce agreement would look.