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Courts will invalidate an agreement if one spouse commits fraud or deceit as part of the agreement. For example, if one spouse purposely hid assets from the other when the couple signed the contract, a court is likely to throw out the prenup.
How to Make a Prenuptial Agreement (6 steps) Discuss Each Other's Intentions. Determine Affordability. Seek Legal Counsel. Make a List of Financial Assets. Negotiate and Agree to Terms. Sign the Agreement (Requirements)
If you and your spouse plan on drafting a prenup, then it is vital to have an experienced attorney guide you through the process. This is because the court won't enforce any agreement unless it follows specific guidelines.
Michigan Antenuptial Agreement Statute and Case Law The terms must be fair, equitable, and reasonable. The terms must be lawful. Must be signed voluntarily by both parties (without being under duress, fraud, or misrepresentation) The contract must be signed at a reasonable amount of time before the wedding.
Each spouse should prepare a financial statement, with the help of an accountant if necessary, and attach the report to the agreement. It's also best that each spouse hires an independent attorney to review the document. Courts will invalidate an agreement if one spouse commits fraud or deceit as part of the agreement.
A prenup can be declared void when it is established that one of the parties was forced or coerced to sign the agreement. In such circumstances, the court will void the prenup as it would be deemed unjust and unfair.
While individuals can utilize forms and existing agreement formats to create a Prenuptial/Antenuptial or Postnuptial Agreement on their own, it is highly recommended to consult an attorney who specializes in family law to draft and review these agreements.
In ance with Michigan contract law, an agreement must be in written form and signed by both parties with notarization.