The Legality of a Postnuptial Agreement
Wednesday, 03 June 2009 14:19

A postnuptial agreement is essentially the same this as a prenuptial agreement except that instead of being entered into before the marriage, the parties enter a postnuptial agreement after they have been marriage. The typical postnuptial agreement puts into writing a division of property and earnings should a separation occur. In general, so long as certain conditions are met, Michigan courts recognize such agreements.

 

However, in the 2008 case Wright v. Wright, the Michigan Court of Appeals the court held that a postnuptial agreement that encourages a separation is void. In this case, both parties had consented to the agreement as prepared by the husband’s attorney. Although at the time of the signing the couple was still together, the husband filed for divorce shortly after. In its ruling, the Court held that according to Michigan Family Law, parties to a marriage may not enter into an enforceable contract that anticipates and encourages a future separation or divorce.

 

When entering into either a Michigan prenuptial or postnuptial agreement, it is essential to first consult your Michigan Family Law attorney. Your Michigan Family Law lawyer will be able to draft an agreement that satisfies all legal requirements for validity.  

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