It is indeed an exciting time to be practicing family law – there are changes in the wind, and today, I would like to remark on one of them that I see coming – prenuptial agreements and gay married couples. Once upon a time prenuptial agreements (prenups) were the sole province of the rich and […]
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Prenuptial agreement voided because of fault
In an unpublished decision, the Michigan court of appeals voided a prenuptial agreement based upon findings that Husband had subjected Wife to years of mental and physical abuse. Hutchison v Hutchison, Docket No. 284259 [Muskegon County, July 28, 2009]
The trial court held that the prenup could be voided because the facts and circumstances are so changed since the agreement was executed that its enforcement would be unfair and unconscionable, citing Reed v Reed, 265 Mich App 131, 142-143 (2005).