Critical Information About Michigan Postnuptial Agreements

Postnuptial agreements aren’t as familiar as prenuptial agreements to most people. However, Michigan law allows married couples to enter postnuptial agreements.

What to Include in a Postnuptial Agreement

A postnuptial agreement is an agreement between two spouses that is made during the marriage. Couples have different reasons for creating postnuptial agreements, but some of the things that may be included in a valid postnup agreement include:

• How to divide household or family bills
• How to divide household or family chores or responsibilities
• Identifying property as joint property or the property of one spouse

Whatever you decide to put in your postnuptial agreement must be fair or a Michigan court will not enforce it.

How Courts View Postnuptial Agreements

Courts do not view prenuptial and postnuptial agreements in the same way. Since the parties to postnuptial agreements are already legally married, postnuptial agreements face greater legal scrutiny and may be more difficult to enforce.

Generally, courts may uphold a postnuptial agreement if:

• The spouses have already separated or filed for divorce but want to try to make the marriage work according to the terms of the postnuptial agreement.
• The spouses have already separated or filed for divorce and create a postnuptial agreement with the intent that its terms become part of the divorce judgment.
• The spouses are married and intend to remain married, and the postnuptial agreement is limited to what happens if one spouse dies.

However, a postnuptial agreement that is made just in case a divorce occurs at some point in the future may not be valid because it could weaken the marriage and make divorce more likely.

Contact a Michigan Family Law Attorney About Your Postnuptial Agreement

A postnuptial agreement may be the right thing for you. You and your spouse may agree about both the agreement’s terms and the reasons for creating it. However, you should consult with an experienced Michigan family law attorney to create a postnuptial contract that is enforceable in court and meets your goals. Please call or text us today to learn more.