Mich. House votes to clarify enforceability of prenups

Associated Press

Lansing — The Michigan House has approved legislation to clarify the enforcement of prenuptial agreements due to concerns that an appellate court ruling could lead judges to invalidate prenups because assets aren’t apportioned equally.

The bill was approved 63-43 Thursday, with majority Republicans in support and Democrats opposed.

The legislation would add instances when a prenuptial contract is unenforceable. They would include cases of fraud, duress or mistake, or if financial information is hidden from a party before signing.

Courts could not enforce a prenup if its terms are “unconscionable.”

Supporters worry that without the bill, judges could disregard a contract and apply a “standard of living” test to distribute marital property. Critics worry it would prevent judges from fairly looking at the totality of circumstances.

The bill moves to the Senate.