What Are Postnuptial Agreements

Postnuptial agreements differ from prenuptial agreements in that they are made during a marriage rather than before it. If an agreement is drafted before marriage but is not signed until after the parties marry, it becomes postnuptial in nature.

What Can a Postnuptial Agreement Include?

The provisions in a postnuptial agreement are typically equivalent to those in a prenuptial agreement. Such provisions may include:

• How assets and debts will be divided in the event of a divorce.
• Whether and how spousal support will be paid if a divorce occurs.

Both types of agreements require full disclosure of the marital estate. Additionally, neither party can be forced to sign a postnuptial agreement, as it could be deemed unenforceable due to duress or coercion.

How Courts Evaluate Postnuptial Agreements

Postnuptial agreements are examined more closely than prenuptial agreements due to the legal preference for marriages to remain intact. Michigan case law has established certain standards courts use to determine enforceability.

Does the Postnuptial Agreement Anticipate Divorce?

The agreement must be fair and should not leave one party in a significantly better financial position should a divorce occur.

Was There Intent to Remain Married?

To qualify as a valid postnuptial agreement, both parties must have intended to remain married at the time the agreement was signed.

Court Considerations in Postnuptial Agreement Disputes

When postnuptial agreements are challenged, courts evaluate factors such as:

• How long after signing the agreement the parties filed for divorce.
• Whether the terms of the agreement put one party in a better financial position if they abandoned the marriage.

For example, in Wright v. Wright, 279 Mich. App. 291, 761 NW2d 443, the court examined these elements in determining the agreement's validity.

How to Strengthen a Postnuptial Agreement

To reinforce its enforceability, a postnuptial agreement should explicitly state that the parties intend to remain married. It may also include provisions for marriage counseling and steps the couple will take to maintain their relationship.

Consult an Attorney About a Postnuptial Agreement

Postnuptial agreements are heavily scrutinized in Michigan and are held to a higher standard than prenuptial agreements. Contact McKinney Vos today for a free consultation with our Michigan family law attorney to discuss whether a postnuptial agreement is right for you.