Michigan Prenuptial and Postnuptial Agreements
People assume that prenuptial and postnuptial agreements imply that a couple is planning for divorce. There’s no doubt that such agreements can make a Michigan divorce less complicated and less stressful if it occurs. However, many people think about prenuptial and postnuptial agreements as road maps for marriage, not for divorce.
Prenuptial agreements address financial issues and other potential areas of dispute in a marriage. When a couple begins married life having already discussed and agreed upon these areas of concern, they have achieved a number of important things: they’ve learned how to discuss difficult issues and resolve them; they’ve considered their future and planned for it; and they’ve established a clear understanding of each other’s expectations, rather than making assumptions that later turn out to be disastrously false.
Why Have a Michigan Prenuptial or Postnuptial Agreement?
There are many reasons Michigan couples choose to enter into a prenuptial agreement or postnuptial agreement. Some have substantial individual or family assets they wish to protect in the event of death or divorce. Some want to create a blueprint for handling debt and other financial issues in the marriage. Couples entering a second marriage may want to avoid mistakes each of them made in their first one, or may wish to protect assets for their children. Most of all, couples want to make sure they understand, and are willing to live with, each other’s expectations.
No matter how commendable a couple's reasons for entering into a prenuptial agreement, there are a few requirements in order for the agreement to be valid and enforceable. These include:
- The prenuptial agreement must not be obtained by fraud, duress, mistake, misrepresentation or nondisclosure of material fact;
- The prenuptial agreement must not have been unconscionable (unethical) when signed.
The best way to ensure that these requirements are met is for each party to have an experienced Michigan prenuptial attorney review the proposed agreement with him or her well in advance of the wedding.
Experienced Michigan Prenuptial Agreement Attorney
Family law attorney Carol Jones Dwyer has over twenty years of experience with Michigan prenuptial and postnuptial agreements. If you think a prenup or postnup might be a good idea for you and your spouse, she can help you explore your options and arrive at an agreement that works for you.
Carol Jones Dwyer works with clients in Barry County and the surrounding Michigan counties, including Calhoun, Allegan, Kent, Ionia, Kalamazoo and Ingham Counties.
If you would like to learn more about how Carol Jones Dwyer can help with your Michigan prenuptial or postnuptial agreement concerns, please contact our office at 269-945-5050 or via our online contact form to schedule a consultation. We look forward to working with you.