Tuesday, January 21, 2014

Post-nuptial Agreements

In Hodge v. Parks, the Michigan Court of Appeals looked at post-nuptial agreements, which are a source of (contention? debate?) here in Michigan.  Generally courts will not enforce post-nuptial agreements as against public policy because they're made in contemplation of divorce.  In the Hodge v. Parkes case, the parties signed a post-nuptial agreement after filing for divorce and then reconciling.  The agreement was geared toward saving their marriage; it treated both parties relatively equally by treating "both defendant's premarital boat and plaintiff's premarital house as marital assets" and requiring "both parties to work together to improve their relationship, marriage, and finances .. On balance, far from being inequitable, the overall property division seems quite fair."  Here's a link to the case: http://www.michbar.org/opinions/appeals/2014/010214/56153.pdf

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