(248) 290-6675
CALL US NOW
EMAIL US NOW
Michigan Family Attorney Giving You the Representation You Need to Protect Fathers’ Rights in a Divorce
No one goes into a marriage expecting it to end. Most people plan on being with their partner for the rest of their lives. Many people get married expecting to have and raise children. However, this is only sometimes the case. Although divorce rates have been declining recently, nearly 50,000 people divorced in Michigan in 2023. Many of these divorces involve children. Any time a couple splits up, there is concern over who will receive custody. This concern may be exacerbated if a prenuptial agreement is involved.
A prenuptial agreement is a document signed before marriage outlining what will happen to a couple’s assets in the event of a divorce. Because both parties sign a prenuptial agreement, its contents will usually take precedence in court proceedings. This may be concerning for fathers. They might be worried a document they may have signed even before they had children could impact their future relationship with them.
What is a Prenuptial Agreement in Michigan?
A prenuptial agreement is a document signed by both parties prior to entering into a marriage. It is also sometimes called a “what’s yours is yours and mine is mine” agreement. It outlines how assets will be divided in the event the marriage ends. Many people are hesitant to sign prenuptial agreements because of negative stigma surrounding them. They believe that thinking about the end of a marriage necessarily means they want the marriage to fail. This is not true.
Prenuptial agreements should be thought of like insurance policies. No one buys car insurance hoping they get into a wreck. The same is true with a prenuptial agreement. People who sign them don’t necessarily want to be divorced. A prenuptial agreement outlines what will happen in the event a divorce occurs. In order for a prenuptial agreement to be valid in Michigan, it must meet specific criteria. These include but are not necessarily limited to:
- Both Parties Fully Disclose All Assets and Relevant Financial Information
- Both Parties Sign the Agreement With Full and Voluntary Consent
- The Terms of the Agreement are Fair and Reasonable
- The Document is In Writing and Signed by Both Parties
In many cases, a prenuptial agreement can be a positive force on a marriage because they outline expectations and remove uncertainty of what will happen in the event of a divorce. Signing a prenuptial agreement allows both parties in a couple to protect any assets they bring into a marriage. Michigan is an equitable distribution state. This means in the event of a divorce, the court will determine how assets are divided. This division is based on what the state deems fair or “equitable.” It will not necessarily be even. This means one party could receive more than the other. It also means certain assets one party brought into the marriage including money and property could be granted to the other party in a divorce. A prenuptial agreement overrides any rulings by the court. Any stipulations in a prenuptial agreement will take precedence in the event of a divorce. This allows individuals to protect any assets they bring into a marriage.
How Does a Prenuptial Agreement Affect Child Custody in Michigan?
Many people who sign prenuptial agreements are concerned with how they may impact child custody in the event of a divorce. Some couples who are planning on having children or who already have children prior to marriage might see a prenuptial agreement as a way to handle potential custody concerns early. The logic behind this is that if a prenuptial agreement can prematurely address financial issues, it can also address custody issues.
Regardless of what a couple may put into a prenuptial agreement regarding children, it will not hold up in court. This is because in Michigan, a prenuptial agreement cannot dictate child custody and child support. The State of Michigan places a higher importance on people’s well-being than possessions. In the case of children, the standard used by the state in determining child custody and support is “what is in the best interest of the child.” Every child and family’s circumstances are different. In many cases, life circumstances change over time and are unpredictable. Because of this, a prenuptial agreement cannot make predictions about a child’s well-being.
Some people may use prenuptial agreements to determine issues of child custody and support preemptively. They may do this in good faith, thinking they are saving any potential children the stress of possibly having to appear in court. They may also think they are saving themselves the trouble of fighting for custody or support payments. This is not the case. The only way a prenuptial agreement can impact child custody or support is when there are children from a previous marriage. In this case, specific provisions that outline any potential financial responsibilities to those children can be included. Beyond this, a prenuptial agreement cannot impact a father’s parental rights.
What Should I Do if I’m a Father With a Prenuptial Agreement Going Through a Divorce in Michigan?
Many men are concerned they will face an uphill battle regarding child custody and parental rights during a divorce. They may feel the deck has been stacked against them if a prenuptial agreement is involved. This is especially true if the prenuptial agreement contains any language that seems to pertain to children.
If you are a father going through a divorce and are concerned if or how a prenuptial agreement may impact parental rights, custody, or child support, don’t hesitate to immediately contact the attorneys of ADAM American Divorce Association, located at 2000 Town Center #2350, Southfield MI 48075. The attorneys of ADAM American Divorce Association believe in protecting men’s rights during a divorce. This includes protecting parental rights. They understand fathers are just as important as mothers in a child’s development. They also know how frightening a divorce with a prenuptial agreement can seem if children are involved. They work with every one of their clients to make the divorce process as painless as possible. They only consider their work done once fathers are happy, stable presences in their children’s lives.
Divorce can be frightening when children are involved. It doesn’t have to be. If you or a loved one are a father going through a divorce and are concerned a prenuptial agreement may impact your rights, immediately call ADAM American Divorce Association at 248-290-6675 or email them to schedule a free consultation. You can begin protecting your parental rights today.
