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Reasons to challenge a prenuptial agreement in your Michigan divorce

On Behalf of | May 23, 2023 | Blog, High-Asset Divorce |

Prenuptial agreements are contracts that couples sign before marriage to outline how to divide assets in the event of divorce. While prenups can provide clarity and protection for both parties, they can also cause contention during a divorce.

Explore some reasons why you may want to challenge a prenuptial agreement in your Michigan divorce.

Unreasonable or unfair terms

One reason to challenge a prenup is if the terms are unfair or unreasonable. The court will scrutinize the prenup to ensure that it is not unconscionable or grossly unfair. If the prenup heavily favors one spouse or includes provisions that are overly restrictive or unreasonable, it may be grounds for challenging the agreement.

Invalidity or fraud

Another reason to make a challenge is if the prenup is invalid or fraudulent. For example, if one party coerced or pressured the other into signing the agreement, or if one party withheld information or misrepresented assets, the prenuptial agreement may be invalid. Similarly, if the prenup was not executed properly, it may be unenforceable.

Lack of full disclosure

You may consider challenging a prenuptial agreement if there was no complete disclosure. Both parties must provide a full and accurate accounting of their assets and liabilities for a prenup to be valid. If one party concealed or undervalued assets, it could be a basis for challenging the agreement. Additionally, the prenup could be invalid if there was not adequate time for review or understanding before signing.

Challenging a prenup can be a difficult and emotionally charged process, but in some cases, it may be the best course of action for protecting your rights and interests.