Prenuptial Agreement Michigan Attorneys serving Monroe, Michigan and Downriver Detroit
Protecting your assets before entering marriage is not only a smart thing to do, it is also a decision that could effect the rest of your life should the worst case scenario happen. No one enters into marriage with the thoughts of “what if”, but even the best intentions do not go as we planned. And with a strong Pre-nuptial agreement at least will know that your assets are going to be protected.
What is a prenuptial agreement in Michigan?
A premarital agreement is an agreement to protect the assets you are bringing into the marriage. It does not mean you are contemplating a divorce. In complicated marrige situations a prenuptial agreement can reduce stress and ensure you protect your property.
When you are planning on getting married an important part of this planning may be the drafting of a prenuptial agreement. A prenuptial agreement can be particularly important when parties are married later in life or have accumulated substantial assets prior to the marriage.
A prenuptial agreement can also be very important if there are children from a prior relationship. A properly drafted prenuptial agreement can protect your children and heirs. Too often surviving children of a prior relationship are disinherited in favor of a surviving spouse because of the lack of a prenuptial agreement.
What do I need for an enforceable prenuptial agreement in Michigan?
Prenuptial agreements are valid only if they are fair, equitable, and supported by sufficient legal consideration. They must involve full disclosure of the parties assets. A prenuptial agreement must also be provided to the other party with sufficient time to review and allow them an opportunity to have their own attorney review its content. Only if all these requirements are met will a prenuptial agreement be enforced. If there is not a full disclosure the courts will most likely not uphold the agreement. The prenuptial agreement must also not be unconscionable when entered. An agreement that does not meet these requirements will not be enforced.
What is a postnuptial agreement?
A postnuptial agreement is an agreement entered into AFTER marriage. A postnuptial agreement is important if there has been a breakdown of the marriage and the parties are contemplating a divorce or separation. A properly drafted post nuptial agreement must be fair and equitable to the parties and supported by adequate consideration.
Call today and speak to a prenuptial agreement michigan attorney
Bruce Law Firm has attorneys that can assist you in explaining the advantages and requirements of a valid prenuptial agreement in Michigan. We offer free consultations to help you understand how a prenuptial agremeent can benefit you.