Michigan Prenuptial Agreements Attorneys

Prenuptial agreements are contracts between two spouses that are used to address their property rights or obligations if the marriage ends in divorce and in some cases to assist in estate planning. A prenuptial agreement is created before a couple gets married to separate their assets, but a postnuptial agreement is drafted after a couple is married. A properly drafted prenuptial agreement is enforceable in a divorce in Michigan.

If you are interested in creating a prenuptial agreement, the lawyers at American Divorce Association for Men can help you. We have over 30 years of experience representing men from bias in the courtroom. No matter your particular situation, our Michigan prenuptial agreement attorneys are here to answer your questions and handle any concerns you may have.

Any couple can enter into a premarital agreement prior to getting married. Michigan family courts consider all property obtained, earned, or accumulated during the marriage to be the property of both spouses.

If you and your spouse plan on drafting a prenup, then it is vital to have an experienced attorney guide you through the process. This is because Michigan courts won’t enforce any agreement unless it follows specific guidelines.

A Michigan prenuptial agreement must meet the following requirements:

• It must be fair and equitable to both spouses.
• Both spouses must voluntarily enter into agreement.
• Both spouses must fully disclose their property and assets to one another prior to signing the agreement.
• The agreement must be signed by both spouses.

Hiring an attorney to draft your prenup is the best way to ensure it is an enforceable agreement. Our prenup attorneys will negotiate and draft an ironclad prenup that meets all legal requirements, protects your finances, and secures your future.

What Should A Prenuptial Agreement Cover?

Everyone’s situation is unique, so the terms of a prenuptial agreement will vary on a case-by-case basis. But in general, Michigan prenuptial agreements should cover:

• The division of assets and debts, including protecting what you bring into the marriage
• The division of retirement accounts
• Whether or not spousal support will be paid, and if so, in what amount and for how long
• What happens if one spouse dies during the marriage
• Each spouse’s ability to manage certain assets during the marriage
• The inheritance of children from prior marriages or relationships

These are some of the many issues that may be addressed in a prenuptial agreement. It’s important to note that the law in Michigan does not allow couples to address child support or child custody in a prenuptial agreement. These decisions are made based on what is in the child’s best interests, not what the parents agreed upon in a prenup.

Make sure your prenup covers all of your bases by working with our skilled team of attorneys. Our attorneys will aggressively negotiate the terms of your prenup with the opposing counsel to ensure the final agreement protects your best interests.

Getting a Prenup in Michigan

Getting a prenup in Michigan involves a few clear steps to ensure both parties are legally protected and their wishes are respected. First, it’s crucial to have open discussions about the need for a prenuptial agreement before marriage with your future spouse.

Both parties should express their expectations regarding assets, debts, and financial responsibilities. It’s best to start the process well in advance of the wedding to allow ample time for negotiation, review, and revisions. Both individuals should consult separate family law attorneys to ensure the agreement is fair and legally sound, as Michigan law requires full disclosure of assets and liabilities.

Once both parties have agreed on the terms, the prenup must be written, signed, and notarized to be legally binding. It’s important to ensure that the agreement is free from any coercion or duress, and both individuals must sign it voluntarily.

Michigan courts will uphold prenuptial agreements if they are deemed fair, entered into willingly, and meet all legal requirements, including proper documentation. A prenup can cover issues such as asset division, spousal support, and debt allocation, helping protect both parties in the event of divorce or separation.

Benefits of a Getting a Prenup

Legally, a marriage is a contract between two people that establishes legal rights and obligations to each other. Should those legal rights and obligations be dissolved in an unexpected future divorce, it’s important to have a prenuptial agreement in place to protect your significant assets and property.

Why is a Prenuptial Agreement a Good Idea?

There are numerous compelling reasons why signing a prenuptial agreement is a wise decision before marriage. These agreements offer legal protection and clarity for both spouses, ensuring that both parties understand their rights and responsibilities. Some of the primary benefits include:

• It protects your individual property during property division: A prenuptial agreement ensures that any property you bring into the marriage, such as inherited assets, investments, or personal items, remains yours in the event of a divorce or separation. This safeguard prevents the division of assets you acquired prior to the marriage.
• It defines what property is considered marital property, including joint business assets: A prenup clearly distinguishes between separate and marital property, establishing guidelines for property division if the marriage ends. This is especially important for individuals who own businesses or have significant assets, as it ensures that jointly owned properties and businesses are handled properly.
• It establishes your estate plan: A prenuptial agreement allows you to define how your assets should be distributed in the event of your death, complementing your estate planning efforts. It can provide peace of mind that your wishes regarding inheritance and asset distribution will be honored.
• It clearly outlines procedures for future matters, such as divorce or death: A prenup can address potential future situations by setting out clear terms for how to handle various legal matters, such as divorce or the death of one spouse. This eliminates uncertainty and offers both parties a roadmap for resolving such issues if they arise.
• It can simplify divorce proceedings, which will save you time and money: In the unfortunate event of a divorce, a well-drafted prenuptial agreement can streamline the process by already determining the division of property, alimony, and other financial matters. This can help avoid costly legal battles and lengthy court proceedings.
• It can protect you from your spouse’s debt: A prenuptial agreement can protect you from being responsible for your spouse’s financial obligations or debt that existed before the marriage. This protection ensures you are not held liable for your spouse’s debts in the event of a divorce or separation.
• It protects family heirlooms: If you have family heirlooms or valuable items passed down through generations, a prenup ensures that these assets remain within your family. This protection helps avoid disputes over precious items that may have significant emotional or financial value.

Ultimately, a prenuptial agreement offers clarity and peace of mind, allowing both spouses to enter into marriage with a clear understanding of their financial and legal rights. By addressing these key issues upfront, you can avoid misunderstandings and conflicts in the future.

Contact Our Michigan Prenuptial Agreement Lawyers Today!

If you are interested in creating a prenuptial agreement in Michigan, contact our prenup attorneys from the American Divorce Association for Men. Our legal team has over 30 years of experience helping men all throughout Michigan. We understand how important it is to protect your assets for the future, that is why we work tirelessly to ensure that you and your spouse create an agreement that would be valid in the event of a divorce.

ADAM has been protecting men from unfair bias in the courts since 1988, which means we are equipped to guide you through your prenup. We are also proud to represent clients in Oakland, Macomb, Wayne, Livingston, Washtenaw, Monroe, Lapeer & St. Clair Counties.

Contact our Michigan prenuptial agreement attorneys today for a free case review!