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Discussing the Factors that Affect Enforceability of A Prenuptial Agreement in Michigan


In the article How Do I Enforce A Prenuptial Agreement in Michigan? We have discussed the many factors that help parties enforce a prenuptial agreement. 

To quote, we said about a prenuptial agreement that:

It must be free from any kind of activity that normally invalidates a contract such as the following:

The prenuptial agreement must show that it is free from any kind of act that could invalidate its existence. The following are the instances that are often cited when one wants to invalidate an already existing prenuptial agreement.

  • Fraud
  • Lack of Consent
  • Mental Incapacity
  • Undue Influence

When is there fraud in a prenuptial agreement?

There is fraud in a prenuptial agreement when the parties or one of the parties were made to believe that certain provisions mean one thing when they mean the other.

There is also fraud when one of the parties in the prenuptial agreement failed to disclose all of his or her assets in the prenuptial agreement at the time that it was created. 

If you are about to get married to the love of your life, there is no reason for you to hide any assets and look at your partner and tell any lies. You will not lie or hide any fact that could affect the decision of your partner in signing the agreement.

How can there be a lack of consent when both parties signed the prenuptial agreement?

There is a lack of consent in a prenuptial agreement when it is coerced. This is related to the circumstance where one of the parties had undue influence over the other. The perfect example would be when one of the parties is pregnant and the promise of marriage was given if that party would just sign the prenuptial agreement while another example would be when one of the parties was forced to sign the prenup in Michigan with the promise that it is for their good. 

Lack of consent is not easy to prove.

When is there mental incapacity?

There is mental incapacity when one of the parties involved is not in a sane interval and of sound mind when they signed the prenuptial agreement.

What are the circumstances that could lead to the factor of undue influence in a prenuptial agreement?

There is an undue influence in a prenuptial agreement when one of the parties were either drunk, drugged, or forced to sign the prenuptial agreement.

The most common example used here is when one of the parties was pregnant and promised marriage in exchange for the prenuptial agreement. 

Are these limited factors that affect the enforceability of a prenuptial agreement?

No, many factors affect the enforceability of a prenuptial agreement. The factors raised in this article are all factors that are general. 

If you have a specific reason why you need a prenuptial agreement, we can help you set it up. All you need to do is schedule your consultation with us.

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The article that you have read is based on general applications of the law. It is not legal advice and it is not to be construed as any legal consultation with the firm. No client-attorney relationship is created when you read the articles we have provided.

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