Are Prenuptial Agreements Enforceable?

In Rinvelt v. Rinvelt, 190 Mich App 372, 380; 475 NW2d 478, 482 (1991), the Court of Appeals held that prenuptial agreements governing the division of property in the event of divorce are enforceable if the following criteria is met:

1.) Was the agreement obtained through fraud, duress or mistake, or misrepresentation or nondisclosure of material fact?

2.) Was the agreement unconscionable when executed?

3.) Have the facts and circumstances changed since the agreement was executed, so as to make its enforcement unfair and unreasonable?

For more information regarding prenuptial agreements, contact the attorneys at SMDA, P.C. for a free consultation.