Download Michigan Postnuptial Agreement Form [PDF]

The Michigan postnuptial agreement is a legal document that outlines the assets and liabilities of each spouse and determines their rights and obligations in terms of the property acquired during the marriage.

Moreover, the parties often use the postnuptial agreement form to determine how they will divide the property in case of a divorce and to determine matters like alimony, transfers of insurance, pensions, wills, trusts, and more.

The moment the parties sign the agreement is the main difference between a postnuptial and a prenuptial agreement. With the prenup agreement, the parties sign the document before they get married, while with the postnup agreement, the parties sign the document once they have already entered the marriage.

Laws and Legal Requirements for a Postnuptial Agreement in Michigan

The laws and legal requirements for a postnuptial agreement in Michigan provide the basic rules for how the postnuptial agreement should look and how it can regulate the financial and non-financial relationships between spouses. These rules are outlined in the provisions of the state law and in court decisions.

The most important court decision for determining the legality of the Michigan postnuptial agreement is Skaates v. Kayser (2020). In this case, the court provides that “since postnuptial and other marital agreements are contracts, we are guided by contract principles in reviewing the agreement.”

Signing Requirements for a Postnuptial Agreement in Michigan

According to the requirements of the state law, the postnuptial agreement must be made in written form to be considered valid. Moreover, both parties to the agreement must sign the postnuptial agreement form.

The state law, however, doesn’t require parties to notarize their postnuptial agreement. Regardless, this step should also be completed whenever possible. The main benefit of notarizing the postnuptial agreement is that the notarization will additionally confirm the authenticity of the document and prevent fraudulent activities.

Postnuptial Agreement Enforcement in Michigan

The Michigan postnuptial agreement must fulfill multiple requirements to be considered enforceable.

One of the most important requirements for the enforcement of the document is that both parties sign it willingly, without coercion, duress, or any other kind of pressure.

Moreover, both parties must disclose complete and truthful information about their financial status in the postnuptial agreement by providing a list of their assets and liabilities in the document.

Finally, for the postnuptial agreement to be enforceable, both parties should be able to consult with their legal advisor before signing it.

What Can a Postnuptial Agreement in Michigan Cover?

The postnuptial agreement in Michigan can cover different matters connected with the marital property of the spouses. However, each provision of the postnuptial agreement must be in line with the provisions of state law and public policy.

Here, you can see the matters that are most commonly covered by the Michigan postnuptial agreement template:

Postnuptial Agreement in Michigan: Validity Criteria

The Michigan postnuptial agreement must fulfill all of the formality criteria set by the state law to be considered valid. This means that the postnup agreement must be in written form and that both parties must sign it.

In addition, the validity of the postnuptial agreement is connected to the existence of marriage. The parties can enter into a valid postnup agreement only after they have entered into a marriage. Moreover, once they get married, the parties can create multiple postnuptial agreements to regulate different aspects of their financial and non-financial relationships.