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IV. Special property
issues
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Prenuptial agreement controls if valid. Validity factors include:
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Full disclosure of material facts before contract.
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No fraud, duress, mistake or misrepresentation.
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Not unconscionable when signed.
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Facts and circumstances must not have changed since execution so
as to make enforcement unfair and unreasonable.
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See Rinvelt v Rinvelt, 190 Mich App 372 (1991).
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Advanced degree obtained during marriage as an end-product of a
concerted family effort. Postema v Postema, 189 Mich App
89 (1991).
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Valuation date of assets.
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Discretionary based on equities.
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Typically, date of trial.
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