Parties who have not drafted a prenuptial agreement may, at some point of their marriage decide to make an agreement about spousal support, distribution of separate property and property acquired during the marriage. If the parties later divorce, that postnuptial agreement may or may not be enforced by the court.
Under Michigan law, a trial court might later decide that a postnuptial agreement made by the parties during their marriage is not enforceable in a later divorce action. Lawyers and laypersons contemplating the drafting of a postnuptial agreement will want to review and be guided by three important cases decided by the Michigan Court of Appeal. Careful drafting and careful thought can make or break the deal.