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Michigan Postnuptial Agreement

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Updated September 11, 2025

A Michigan postnuptial agreement is a contract signed by the spouses in a marriage that determines the distribution of property if the marriage ends because of divorce or death. Unlike prenuptial agreements, postnuptial agreements are signed after marriage.

Signing Requirements

Both parties must sign the agreement.[1]

Laws

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.