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Unfair prenups can cause Michigan divorce issues

Is your prenup air-tight? Although many Michigan residents may believe that their prenuptial agreement is perfectly drafted, the fact remains that couples sometimes enter into contracts that they do not understand. The lack of a viable prenuptial agreement can lead to divorce issues that were supposed to be avoided with this comprehensive document.

It is important to remember that those who feel like they have not received a fair share of the marital estate have the option to challenge the validity of their prenup. This step is only advised when property division is unfairly skewed, or perhaps if alimony is far less than it would be otherwise without the use of an agreement. Prenuptial agreements are attacked in court for a variety of reasons.

First, a judge must determine whether the agreement was created through fraud or duress. In other words, did one party force the other into signing the contract by using unethical maneuvers such as presenting the document on the eve of the wedding? Further, if one spouse did not fully disclose one's financial holdings, the prenuptial agreement may be easily set aside.

Further, the existence of a prenuptial agreement in itself does not mean that the agreement provides reasonable options in the event of a divorce. If the property division plan proposed in the document puts too much financial strain on one party, it is possible for a judge to throw out the agreement and use Michigan divorce guidelines, instead. It is important to pay attention to these guidelines when you are drafting your agreement. However, if you are facing divorce with an unfair prenuptial agreement, you may have legal options. A variety of legal strategies can help you get your fair share of the marital estate, even in the presence of a prenup.

Source: The Huffington Post, "When a Prenup Gets Thrown Out," July 1, 2014

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