A prenuptial agreement is a contract between spouses, before marriage whereas a postnuptial agreement is a contract between married persons. The latter is also referred to as a settlement agreement. Both of these agreements are valid and enforceable in Michigan if: they were not obtained through fraud, duress, mistake or non-disclosure of a material fact; they are not unconscionable when signed and; circumstances since the time of signing have not changed to the point where enforcing the agreement would be unfair.
Agreements of this nature are common when one party enters the marriage with substantially more assets than another and in second marriages. It is highly advisable for both parties to these agreements to have legal representation prior to signing to ensure full disclosure of all property and debts of both parties and to explain the implications of the agreement to the client. It is especially necessary to obtain legal representation in the event of a divorce between parties to either type of agreement.
Christopher Drouillard has experience in drafting as well as successfully defending and defeating prenuptial and postnuptial agreements.