Prenuptial Agreement

PRENUPTIAL AGREEMENT a prenuptial or antenuptial agreement is a contract entered into before marriage that limits property rights that would normally be acquired through marriage. Properly drafted prenuptial agreements are valid and enforceable in Michigan. Such agreements can limit or waive a spouse's rights to spousal support, to the estate of the other spouse, to remain in the marital home, or to dower, or to a homestead allowance, or to elect against a deceased spouse's will, etc. Rinvelt v. Rinvelt, 190 Mich App 372, 475 NW2d478 (1991) establishes three tests for determining whether a prenuptial agreement can be enforced:

  1. The agreement was not obtained through fraud, duress, mistake, misrepresentation, or nondisclosure of material fact;
  2. The agreement was not unconscionable when executed; and
  3. The facts and circumstances have not changed since the agreement was executed in such a way that makes its enforcement unfair and unreasonable.