Many in Clinton Township may see signing a prenuptial agreement as a prudent decision that could end up protecting both parties to a marriage. Such reasoning no doubt contributed to why you may have signed one. Yet if you are now preparing for a divorce, you could be second-guessing that decision (or even questioning your soon-to-be ex-spouse's motives in having you sign one in the first place). Many come to us here at The Law Offices of Lorrie J. Zahodnic, P.C. with the same concerns, wondering if there is a way for them to challenge such agreements.
Up until recently, doing so may have been quite difficult, as Michigan law viewed any contracts made while you and a partner were considering marriage as remaining in full effect after your union was formalized. Yet legislation introduced last year may open the door for you to challenge your prenuptial agreement. House Bill No. 4751 (as shared by the Michigan Legislature) would now allow you to contest your prenuptial agreement if your spouse did not provide you with an adequate financial disclosure prior to signing it. The amended law would also make it possible for you to challenge your agreement if you were compelled to sign it under duress or through some method of fraud.
What might qualify as "fraud" or "duress" in this context? Your ex-spouse threatening to not have followed through with your marriage if you would not sign the prenup could be viewed as duress, or him or her convincing you that you had to sign it due to some legal requirement might be considered fraud.
House Bill No. 4751 passed through the House in October of last year and now currently sits with the state Senate. More information on the impact of prenuptial agreements can be found here on our site.