A prenuptial agreement is a legal contract that allows couples to address financial matters before marriage. These premarital agreements often cover issues such as property division, financial obligations, and spousal support in the event of divorce. While prenups are generally enforceable, there are situations where a court may determine that an agreement should not be enforced.
If you are wondering, “Can you void a prenup?” the answer is yes, but only under certain circumstances. A court of law will not set aside a valid agreement simply because one spouse regrets signing it. Instead, the person challenging the agreement must show that it fails to meet legal requirements or that enforcing it would be unfair.
Speaking with a prenuptial agreement attorney can help you understand your rights and evaluate whether a challenge may be appropriate.
Can You Void a Prenuptial Agreement?
In Michigan, prenuptial agreements are generally upheld as long as they are entered into voluntarily and based on complete and accurate financial information. However, courts may refuse to enforce all or part of an agreement if there are problems with the way it was created or if certain provisions violate public policy.
The burden of proving that a prenuptial agreement should be invalidated usually falls on the spouse challenging the agreement. Because every financial situation is different, obtaining legal guidance from an experienced attorney can be valuable when evaluating your options.
Reasons a Prenuptial Agreement May Be Invalid
Although prenuptial agreements are generally enforceable, there are several circumstances that may lead a court to invalidate all or part of an agreement. Some of the most common reasons a prenup may be set aside are discussed below.
Fraud or Failure to Provide Full Disclosure
One of the most common reasons a prenuptial agreement may be challenged is the failure to provide full disclosure of assets and debts. Both parties are expected to exchange accurate financial information before signing the agreement.
Financial disclosure may include:
- Bank accounts
- Real estate holdings
- Investments and retirement accounts
- Insurance policies
- Business interests and other complex assets
If one spouse intentionally hides assets or signs the agreement based on false information, the court may determine that the agreement was obtained fraudulently. Full disclosure helps ensure that both spouses understand their financial obligations and can make informed decisions.
Learn More: Dividing Assets During a Michigan Divorce
Duress or Lack of Mental Capacity
A prenuptial agreement must be entered into voluntarily. If one spouse was pressured, threatened, or rushed into signing the agreement, a court may find that the agreement is unenforceable.
Examples of duress may include:
- Presenting the agreement immediately before the wedding
- Threatening to cancel the marriage unless the agreement is signed
- Preventing the other spouse from seeking independent legal counsel
Mental capacity is another important consideration. Each person signing a prenuptial agreement should understand the nature and consequences of the legal contract. If a party lacked the mental capacity to comprehend the agreement because of illness, intoxication, or another condition, the validity of the agreement could be challenged.
Having separate legal counsel can help demonstrate that both spouses had the opportunity to review the agreement and make informed decisions.
Unconscionable Terms
Not every uneven agreement is invalid. However, a court may refuse to enforce provisions that are extremely unfair or contrary to public policy.
Examples of provisions that may receive additional scrutiny include those involving:
- Property division
- Equitable division of marital property
- Alimony payments and spousal support
- Division of Assets & Debts
- Certain provisions affecting marital assets or shared property
Michigan follows an equitable division approach during the divorce process rather than a community property system. That means courts seek a fair distribution of marital property instead of automatically dividing everything equally.
Failure to Meet Legal Requirements
Like any legal contract, a prenuptial agreement must satisfy certain legal requirements.
Generally, the agreement should:
- Be a written agreement
- Be entered into voluntarily
- Include complete financial disclosure
- Reflect an informed understanding of each party’s financial situation
- Avoid provisions that violate public policy
Failing to meet these requirements may provide grounds for challenging an antenuptial agreement. However, courts generally favor enforcing valid agreements whenever possible.
How Do You Challenge a Prenuptial Agreement in Michigan?
If you believe a prenuptial agreement is invalid, it is important to understand that simply disagreeing with its terms is not enough. In most cases, the issue is raised during the divorce process, and the spouse challenging the agreement must present evidence showing why it should not be enforced.
Common forms of evidence may include:
- Financial records and other financial information
- Communications between the parties
- Documents showing incomplete financial disclosure
- Evidence of fraud, coercion, or lack of mental capacity
- Testimony from witnesses or other professionals
Because these cases can become complex, working with a family law attorney can help you understand your rights and develop an effective strategy. A court of law will ultimately determine whether the agreement is enforceable based on the facts and applicable legal principles.
Can Only Part of a Prenuptial Agreement Be Invalid?
Yes. A court does not always have to invalidate an entire prenuptial agreement. In some situations, certain provisions may be unenforceable while the remainder of the agreement remains valid.
For example, courts may closely review provisions involving:
- Spousal support or alimony payments
- Child support
- Child custody
- Parenting plans
Michigan courts make decisions regarding child support and child custody based on the best interests of the child. Parents generally cannot waive a child’s rights through a prenuptial agreement. Likewise, provisions that conflict with public policy may not be enforced.
As a result, a court may strike one provision while leaving the rest of the agreement intact.
Can You Change a Prenup Instead of Voiding It?
In some situations, spouses may decide that changing the agreement makes more sense than challenging it. If both parties agree, they may amend their existing marital agreement or enter into a postnuptial agreement after the marriage.
A postnuptial agreement can address many of the same issues as a prenuptial agreement, including:
- Property division
- Financial obligations
- Spousal support
- Division of Assets & Debts
- Business Protection
- Estate planning concerns
Like premarital agreements, a postnuptial agreement should be carefully drafted and supported by complete financial disclosure. Seeking legal guidance before making changes can help ensure that the agreement meets applicable legal requirements.
What Does a Prenuptial Agreement Cover?
A prenuptial agreement is designed to provide clarity regarding financial matters in the event of divorce or death. Depending on the couple’s circumstances, the agreement may address:
- Real estate and other investments
- Bank accounts and retirement assets
- Marital property and separate property
- Shared property and complex assets
- Division of Assets & Debts
- Spousal support obligations
- Business Protection
- Inheritance & Estate Planning goals
- Coordination with an estate plan
Michigan follows the principle of equitable division rather than community property. This means that marital assets are divided fairly rather than automatically split equally. A properly drafted prenuptial agreement can help couples define expectations and avoid disputes later.
Why Legal Guidance Matters
Whether you are seeking to enforce a prenuptial agreement or challenge one, experienced legal counsel can help you understand your options. Prenuptial agreement attorneys can review the agreement, evaluate the surrounding circumstances, and determine whether grounds exist to challenge its validity.
An experienced premarital agreement lawyer can also help protect your financial interests during a contested divorce and work toward practical solutions when disputes arise. Every financial situation is unique, and obtaining personalized legal guidance can help you make informed decisions throughout the process.
Conclusion
A prenuptial agreement can provide certainty and help couples address important financial issues before marriage. However, these agreements are not immune from challenge. Fraud, lack of full disclosure, coercion, and other circumstances may provide grounds for setting aside all or part of an agreement.
If you have questions about the validity of a prenuptial agreement or believe it may no longer be enforceable, speaking with an experienced Michigan family law attorney can help you understand your rights. Contact us today at (313) 513-1919 to schedule a consultation and discuss your options.
