Post-Nuptial Agreement Lawyers In Royal Oak
MICHIGAN POST-NUPTIAL AGREEMENTS
Postnuptial agreements are designed to protect the property and property rights of each spouse if the marriage ends due to separation, divorce, or death. By law, prenuptial agreements are finalized before marriage, and postnuptial agreements are settled after marriage. Having drafted and reviewed hundreds of these legal safeguards, Friedman Law Firm has the experience you need to prepare your postnuptial agreement or assist with an existing one.
The Friedman Law Firm believes that postnuptial agreements are a valuable tool in preventing conflict in the event of a serious marital disagreement. However, we require honesty, full disclosure of affairs and assets, and the abiding desire for fairness to everyone involved. If you and your spouse wish to investigate the need of a postnuptial agreement, contact our Michigan family law attorneys today.
WHAT IS A POST-NUPTIAL AGREEMENT?
Postnuptial agreements are legal contracts that must conform to contract law. Postnuptial agreements are traditionally more difficult to have the courts enforce because of their nature. Michigan courts have typically been concerned that postnuptial agreements do harm to a fundamental public policy concern – the sanctity of marriage. In the opinion of many, postnuptial agreements encourage divorce, because the couple is essentially dividing and protecting individual assets or concerns after becoming married.
MICHIGAN COURTS AND POST-NUPTIAL AGREEMENTS
However, in recent years, Michigan courts have upheld postnuptial agreements when it can be determined that the agreement does not encourage divorce. Therefore, a properly created postnuptial agreement by experienced Michigan family law attorneys can help to protect your assets and protect you from your spouse’s debt. It can be a positive document for both parties that strengthens the marriage relationship.
Creating a professional, legally enforceable document with the skilled Michigan family law attorneys of the Friedman Law Firm will preserve the wishes of both spouses with the full backing of the court, should it ever need to be enforced. You can also consult with our attorneys to see if a Michigan post nuptial agreement is warranted under your particular circumstances. Friedman Law Firm has the experience and knowledge to help you through each step of crafting an equitable agreement that strengthens your marriage and meets the criteria of Michigan law.
MICHIGAN POST-NUPTIAL AGREEMENTS AND CLEARLY IMMINENT THRESHOLD
Like Michigan prenuptial agreements, postnuptial agreements must be fair in order to be enforceable. They must also reflect due consideration of the future exchange and not indicate any contemplation of divorce. In short, all Michigan postnuptial agreements must be entered into with good faith in the longevity of the marriage, amiably and equally.
When a divorce is determined by competent legal authority to be “clearly imminent,” the concern over not undercutting the marriage becomes irrelevant. Because the marriage is about to end anyway, both parties should engage in forming an agreement that spells out how their assets and debts will be divided.
AVOID CONFUSION IN POST-NUPTIAL AGREEMENTS
In short, Michigan courts do not allow postnuptial agreements to be used in defense of imminent divorce and will not enforce an agreement that suggests otherwise. Our Michigan family law lawyers can provide the guidance you need to craft a postnuptial agreement that will meet your needs and satisfy the court.
Friedman Law Firm attorneys can assist, whether you are creating an agreement to further fortify your marriage or are ready to dissolve the relationship and prefer to discuss dividing all assets.
At Friedman Law Firm, we believe it is always better for separating parties to agree on the arrangements for dividing assets instead of allowing the court to arbitrarily make them at a trial when emotions and the risk of bad decisions run high.
OUR POST-NUPTIAL AGREEMENT LAWYERS IN ROYAL OAK CAN HELP
Friedman Law Firm has the experience and knowledge of Michigan law to ensure that your Michigan postnuptial agreement reflects the wishes and willingness of both spouses. Our family law attorneys always seek to help married couples create fair and appropriate agreements that strengthen marriages while outlining the disposal of assets in the future.
When you need experienced counsel, advice, or representation for family law matters, including creating an equitable postnuptial agreement, contact The Friedman Law Firm. Our attorneys have helped many couples create strong, lawful postnuptial agreements to help them better manage property and assets of all kinds.
Ready to investigate the idea of a postnuptial agreement? Request a free consultation, by calling us at 248-932-0900 or filling out our contact form today.