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Michigan Family Law Blog

Friday, June 12, 2020

Should I Get A Prenuptial Agreement?

Prenuptial agreements are valid and enforceable in Michigan.  This has not always been the case so there are still many people in this state that believe they cannot get a prenuptial agreement.  That is simply not true, they are called post nuptial agreements but all the same, they are enforceable in most circumstances in Michigan.

Should I Get a Prenup?

Frankly, as a divorce lawyer in Oakland County, Michigan, I think that almost anyone who is contemplating marriage should at least consult with a family law attorney to discuss a prenuptial agreement.  Otherwise, you will be entering into a binding contract for life without really knowing the full details of what you are signing up for when you sign that marriage license.

However, there are certain classes of people for whom a prenuptial agreement is essential.  These are people who have children from a previous relationship, small or family business owners and individuals with significant assets or income earning potential.  These individuals either have other people and interests to protect or stand to lose more if the marriage ends in divorce, separation or in some cases even of one of the parties passes away.

A prenuptial can protect the assets that you already own.  In addition, we can use it to protect future property and income as well.  We can address issues such as alimony or spousal support and either eliminate it or specify the amount, duration and under what conditions one of the spouses may be entitled to support.  One aspect that many do not consider is that a prenuptial can also be used to protect one spouse from the debt of the other.  Typically in a divorce, the parties' individual debts, including credit card debt will be equally divided regardless of who incurred the debt.  If this is a potential issue given one party's spending habits, then that can also be addressed in a prenuptial contract.

Do I Need An Attorney to Prepare a Prenuptial Agreement in Michigan?

Even though you are not legally required to have an attorney draft the contract, that does not mean you do not need an attorney. Prenuptial agreements are legally binding contracts that can have a huge impact on the most financially involved and potentially devastating transaction one might ever face.  Attempting to prepare or signing one without an attorney could lead to costly and painful mistakes regarding support, debts and property division.

Contact A Michigan Divorce Lawyer for More Information
Contact our Michigan divorce lawyers to make sure that you are taking the necessary steps to protect your best interests and your future.


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