Prenuptial And Postnuptial Agreements In Michigan
Do you need a prenup attorney? Discussing a prenuptial agreement while planning your wedding can be a sensitive topic. But prenup agreements can offer important protections to both parties. At Biggs & Gunst P.C. Attorneys At Law, our Ann Arbor family law and divorce attorneys understand the importance of a prenup agreement. They also know how to execute a prenuptial agreement without casting a shadow on an upcoming wedding.
What Is A Prenup?
A prenuptial agreement is an agreement that two prospective spouses enter into prior to getting married. This contract usually sets forth terms for how the parties will proceed in the event of a separation, divorce or the death of a spouse. Similarly, a postnuptial agreement is a similar contract, but it is executed after the parties have already gotten married.
How Can A Prenuptial Agreement Benefit You?
There are several advantages to having a prenup agreement. Prenup agreements commonly focus on financials. The more complicated a couple’s asset and wealth portfolio, the more important it is to have a prenup agreement. The advantages to having a prenup include:
- The identification and protection of separate property
- Safeguarding business interests
- Protection from debt
- Protection of family interests, including the financial interests of children from a previous marriage
A prenup agreement will provide financial clarity and protection to both spouses. It encourages open and honest communication between spouses from the very beginning of their marital relationship. A prenup can also help a couple avoid future lengthy legal battles.
What Should A Prenup Agreement Include?
Every couple’s situation is different. Prenup agreements primarily address financial matters and identify how the couple’s finances will be handled in the event of a divorce. Most prenup agreements include terms that dictate:
- The division of assets and property
- The division of debt
- Spousal support and maintenance (also sometimes called alimony)
- Attorney’s fees
In the state of Michigan, a prenup cannot include terms that relate to child custody or address child support. In addition, to be enforceable, a prenup agreement must be fair, equitable and reasonable.
Are Postnuptial Agreements Enforceable In Michigan?
A postnuptial agreement addresses the same sorts of topics as a prenup agreement, the only difference is that it is entered into after a couple has already legally married. In order to be enforceable, a postnup agreement must be fair. If there is any indication that one spouse threatened or coerced the other spouse into signing a postnup agreement, it can be declared invalid. There also must not be any indication that the couple is contemplating divorce.
Our experienced divorce lawyers at Biggs & Gunst P.C. Attorneys At Law can evaluate a prenup or postnup, draft an agreement or help you challenge the validity of an existing agreement.
Schedule A Free Consultation With A Prenup Lawyer
Our family law attorneys and prenup lawyers offer initial consultation appointments to discuss your situation and give you a chance to ask questions. To schedule your free appointment, contact our office by calling 734-720-4445 or by sending us an inquiry through our contact form.