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My prenuptial agreement was deemed invalid. Does that happen very often or did I get stuck with a sympathetic judge?

Asked almost 3 years ago - West Branch, MI

I had an engagement of over 12 months. She agreed at that time to sign a prenuptial agreement to protect my premarital assets. The attorney drafted a trust, will, living will and a prenuptial agreement tied to the trust. It was completed & signed 2 days prior to the wedding. It was ruled that she wasn't allowed enough time to have it reviewed & negotiated. She was advised of that right and chose not to for fear it would stop the wedding.

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I did testify that it was non negotiable but wasn't sure what I would have done if she had refused to sign it as I paid for the wedding in its entirety. I don't know whether I should enter an appeal or it would be a waste of time as the real estate market is so poor now compared from 1999

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Attorney answers (1)

Robert D. Mannor

Reputation Level 9

Answered about 2 years ago. Elder Law Attorney in Grand Blanc, MI.

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While prenuptial agreement are sometimes enforceable in Michigan, the preferred standard is to have both the wife-to-be and the husband-to-be represented by separate counsel, with sufficient time for review and disclosure of assets. You could say that Michigan law has set a high hurdle for the enforceability of these contracts.

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