Updated January 23, 2023
A Michigan postnuptial agreement is a contract signed by the spouses in a marriage that lets the couple determine rights and obligations if the marriage ends because of divorce or death. Unlike prenuptial agreements, which are signed before a marriage becomes official, postnuptial agreements are signed after a couple has been married. The agreements may be signed shortly after the couple gets married or after a couple has been married for years. In the event of a divorce, prenuptial and postnuptial agreements take precedence over the state’s rules for dividing marital property.
Laws
Contract Law: Courts are guided by contract principles in reviewing postnuptial and other marital agreements. Skaates v. Kayser (2020).
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. Skaates v. Kayser (2020).
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. Skaates v. Kayser (2020).
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. Skaates v. Kayser (2020).