WHAT ROLE DOES A PRENUPTIAL AGREEMENT PLAY IN A DIVORCE?

Many couples decide to have a prenuptial agreement when they first get married. It is essentially a contract between spouses to determine how they will divide their assets if they divorce in the future. If a couple decides to get a divorce, then their prenuptial agreement can determine how the divorce will play out. Those who have a prenuptial agreements question whether the contract is still enforceable during a divorce in Michigan. As experienced attorneys, we have a different approach to family law and will ensure you receive the best outcome from your agreements during your divorce.

A prenuptial agreement can cover a wide variety of assets such as division of business property, division of financial accounts, if a spouse will pay alimony, and support of children from other relationships. If a couple decides to divorce and they have children, the prenuptial agreement will not determine child support or custody. The court does not allow prenuptial agreements to include child support beforehand because the child’s needs and parents’ income will change. Judges also determine child support and custody based on many factors that include how the financial, mental and physical state of the parents and child at the time of separation.

Some might be worried whether their prenuptial agreement is enforceable. The Uniform Prenuptial Agreement Act determines whether a prenuptial agreement is enforceable in many states, including Michigan. For the contact to be enforceable in Michigan both parties must have signed the contract voluntarily with full disclosure, it must be fair under the circumstances, free from fraud, and the circumstances are relatively the same.

If a spouse was forced to sign the agreement due to physical or psychological threats, then the judge can invalidate the contract and it will have no effect on the divorce. In regards to the circumstances staying relatively the same, the judge will not overturn the agreement because one spouse would be receiving much more of the martial estate than the other. The courts can enforce the prenuptial agreement even if a marriage was voided or annulled but only if it is to avoid any type of injustice.

If you are unsure whether your prenuptial agreement will hold in the court during your divorce, the family law attorneys at Bailey Smith & Bailey, PC will provide qualified legal assistance. To discuss your unique case with an attorney, contact us for a free phone consultation.