Contract Law: Courts are guided by contract principles in reviewing postnuptial and other marital agreements.

Intent: If the agreement seeks to promote marriage by keeping a husband and wife together, Michigan courts may enforce the agreement if it is equitable to do so.

Encouraging divorce: Postnuptial agreements that make it more financially attractive for a party to divorce are viewed as encouraging divorce and have been invalidated on that basis.

Duress: A contract may be deemed unenforceable if executed under duress, but the fear of financial ruin alone does not demonstrate economic duress; it must also be established that the person applying the coercion acted unlawfully.

Disclosure: When entering a marital agreement, the parties must disclose their assets to the other party.