In an unpublished decision, the Michigan court of appeals voided a prenuptial agreement based upon findings that Husband had subjected Wife to years of mental and physical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).
The court of appeals also upheld the award of alimony to Wife and the award of 55% of the marital estate. Given the highly fact-specific nature of this case and the fact that it is unpublished and therefore not binding upon other trial court's, the case lacks value as precedence.
You may read the Hutchison case here.
You may read an earlier discussion of the Reed case here. In Reed, despite a draconian result, the prenup was upheld, allowing Husband to walk away with $8 million is assets accumulated during the marriage, exceeding those awarded to WIfe by about 800%. That case was decided on the grounds that it was foreseeable that the parties would accumulate significant assets during their lengthy marriage.
Collected articles on this Blog about Prenuptial and Postnuptial Agreements may be accessed here.
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