Marital Agreements

Question 1

Premarital Agreement

Answer 1

Contract made before the marriage containing terms that relate to the division of property or spousal support in case of a divorce or death

Question 2

What is Michigan’s controlling law for marital agreements?

Answer 2

Uniform Premarital Agreement Act (UPAA)

Question 3

When is a separation agreement enforceable?

Answer 3

If signed in contemplation of separation or divorce

Question 4

What are the 4 requirements for a premarital agreement?

Answer 4

1. Full disclosure of financial status of each party at time of execution;
2. Agreement is fair and reasonable;
3. Agreement is voluntary; and
4. Agreement is in writing and signed by the party to be charged

Question 5

What are the 4 ways a premarital agreement may be voided?

Answer 5

1. When obtained through fraud/duress/mistake - contract defenses;
2. If it was unconscionable when executed;
3. When circumstances were changed to make the agreement unreasonable/unfair; and
4. When the agreement winds up leaving one spouse woefully impoverished and dependent on the state

Question 6

Are provisions that prevent modifications of property rights - including spousal support - permitted?

Answer 6

Yes

Question 7

Are provisions that prevent modifications of child support permitted?

Answer 7

No

Question 8

Are contracts between unmarried cohabitants recognized?

Answer 8

Yes but not if the only consideration is sexual relations

Question 9

Does Michigan permit property division between unmarried cohabitants?

Answer 9

No, unless there’s an express contract