Prenuptial Agreements are valid under Michigan law. MCLA 557.28. To determine the validity of a Prenuptial Agreement, the court will generally consider the following questions:
1. Whether the agreement was obtained through fraud, duress, mistake or misrepresentation or nondisclosure of a material fact?
2. Whether the agreement was unconscionable when signed?
3. Whether the facts and circumstances have changed since the agreement was signed so as to make its enforcement unfair and unreasonable?
A key component to entering into a Prenuptial Agreement is the timing of the execution of the agreement in relation to the marriage ceremony. That is, don’t wait until the last minute to discuss or sign a Prenuptial Agreement. The longer each spouse has prior to the marriage to review, negotiate, make changes, obtain an attorney and sign the Prenuptial Agreement, the more likely the agreement will be valid and enforced in a court of law.