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Deciding whether to contest a prenuptial agreement in Michigan

On Behalf of | Jun 9, 2023 | Blog, Divorce |

A prenuptial agreement is a legal document outlining the distribution of assets and financial responsibilities in the event of a divorce. Many couples in Michigan opt for these agreements as a measure of financial security. However, when a marriage ends, one or both spouses might wonder if contesting the prenuptial agreement is a viable or beneficial choice.

While contesting a prenuptial agreement is possible, it is essential to understand the circumstances under which this might be appropriate and the potential consequences.

Reasons to contest a prenuptial agreement

In some cases, a spouse might feel the prenuptial agreement is unjust. Perhaps they did not fully understand the terms when they signed, or they were under duress or undue influence. Alternatively, there could be a belief that the other spouse did not disclose all of their assets at the time of the agreement. If any of these conditions are present, contesting the agreement may be a valid consideration.

Changing circumstances

Circumstances change, and the terms that seemed fair at the start of a marriage may not be so at its end. Significant changes in financial situations, or the introduction of children into the marriage, can make the terms of a prenuptial agreement seem outdated or unfair.

Potential implications

Contesting a prenuptial agreement can have far-reaching implications. It can prolong the divorce process, potentially leading to additional stress and financial burden. It also does not guarantee a more favorable outcome. The court will thoroughly examine the circumstances surrounding the agreement and the reasons for contesting it before making a decision.

Ultimately, the choice to contest a prenuptial agreement should come after careful thought and a thorough examination of one’s current situation and future financial well-being.