Michigan Prenup Lawyers Near Royal Oak
MICHIGAN PRENUPTIAL & POSTNUPTIAL AGREEMENTS
With nearly 50% of all marriages ending in divorce, prenuptial agreements (“prenups”) and postnuptial agreements are designed to protect each person’s property and property rights 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 feel fully covered and aware.
Although these agreements sometimes carry a negative stigma, the truth is that prenuptial and postnuptial agreements bring very positive results. They encourage open conversations in the present to deter conflict in the future. As such, we require honesty, full disclosure of affairs and assets, as well as the abiding desire for fairness.
Michigan Prenuptial Agreement Lawyer
Prenuptial and postnuptial agreements are legal contracts that must conform to contract law. However, one exception exists. Unlike standard oral contracts, the court cannot enforce oral prenuptial agreements. Creating a professional document with our skilled attorneys will preserve the wishes of both spouses with the full backing of the court, should it ever need to be enforced.
Before the agreement can be enforced, the court must determine fairness, among other attributes. The three-question litmus test for fairness is listed below. So long as each question can be replied with a yes, the agreement will be enforced.
- Was the agreement obtained through fraud, duress, mistake, misrepresentation or nondisclosure of a material fact?
- Was the agreement unconscionable when executed?
- Have facts and circumstances so changed since the agreement was executed that would make enforcement of it unfair or unreasonable?
Michigan Postnuptial Agreement Attorney
A postnuptial agreement is a written contract implemented after marriage. Like a prenuptial agreement, it is designed to protect each person’s property and property rights if the marriage ends due to separation, divorce, or death. These protections cover assets such wealth, inheritance, estates, debts, and businesses.
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 postnuptial agreements must be entered into with good faith in the longevity of the marriage, amiably and equally. 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 Prenuptial & Postnuptial Agreement Lawyers Can Help
Friedman Law Firm will ensure your prenuptial or postnuptial agreement reflects the wishes and willingness of both spouses.