Financial issues often contribute to a divorce in Michigan, which is one reason the discussion of finances before the wedding is essential to its stability. Although it may seem counter-intuitive, working together on a prenuptial agreement could be an important contributor to the success of that conversation. In fact, according to the Michigan Bar Association, the agreement provides both security and predictability to a couple’s financial relationship.
For a prenuptial agreement to be legally valid in Michigan, it cannot be unconscionable, meaning that if it is written correctly, most people would find it reasonable and not outrageous. If it appears that one of the spouses misrepresented information, hid information, or put pressure on the other to sign the agreement, the judge may throw it out.
To avoid these issues, the Huffington Post recommends that a couple begins their discussion of the prenuptial agreement long before the wedding so they each have time to consider it carefully. They should be completely honest about their assets and debts, providing full disclosure. The document must be written down, and it should not show bias toward one person. Enforcing it should not leave one of the spouses in poverty or dependent on government assistance. At the time of the divorce, if the couple’s circumstances have changed drastically, the court may void the contract.
It helps if each spouse hires an attorney to provide assistance in ensuring that the language of the document is specific and that it is in compliance with Michigan law. This provides a better chance that it will be recognized and accepted in court in the event of a divorce.