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Prenuptial and Postnuptial

Sunday, December 9, 2018

How Does Property Get Divided In A Divorce?

How Does Property Get Divided In A Divorce?

While some cases may involve children and others alimony, virtually every divorce case involves dividing property between the spouses.  


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Friday, July 27, 2018

Your Michigan Prenup Checklist - Get Organized Before You Sign

Many couples are choosing to enter prenuptial agreements for a variety of reasons. Some couples want to protect premarital property, or they have children from a prior relationship they want to protect. Other couples may want to settle issues related to a family business or family wealth. Regardless of the reason you want to discuss a prenuptial agreement, it is important to be organized and prepared for the meeting with a...


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Friday, May 18, 2018

Why Did Russell Crowe Sell his Memorabilia Collection? A Divorce Attorney's Perspective


Russell Crowe's recent divorce has gained a lot of attention from the media, particularly because of the auction of his apparently vast collection of interesting movie memorabilia.  The memorabilia included the "jock strap" that Mr. Crowe wore in the movie Cinderella Man on the outside of his boxing gear.  Comedian John Oliver ended up purchasing this odd bit of history for eight thousand ($8,000) dollars, then donated the item to a Blockbuster Video in Alaska.  The Crowe family responded in a public announcement that they were donating the proceeds from the shots to help Koala's with Chlamydia and opened the John Oliver Koala Chlamydia Center.
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Monday, August 28, 2017

My Spouse Wants a Post-Nuptial Agreement - Is This a Good Idea?


When you get married it is natural and advisable to think about what you want your marriage to look like. Even in the happiest of marriages, a spouse might want to set some things down in writing. The most important question to ask when your spouse asks you to sign a post-nuptial agreement is: WHY? There are many reasons to enter into a prenuptial agreement, but once you are married, you should question why your spouse wants to change the rules.

Make sure you understand why your spouse wants you to sign a post-nuptial agreement, and get good legal advice before you agree to anything. Under Michigan law, many post-nuptial agreements are invalid as a matter of law, for the reason that they are against public policy.
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Friday, March 3, 2017

Parties Cannot Waive Statute in Prenuptial Agreement in Michigan


Prenuptial agreements or "prenups", are very useful for financial planning when parties are entering into a marriage.  This is particularly true when it is a second marriage, either party has children from a previous marriage, either party (or his/her family) has significant assets, either party has significant debts or either party is a business owner (or involved in a family business).  Case law has established that prenuptial agreements are binding and enforceable in Michigan.

To understand the issue I am about to discuss, it is necessary to give a brief background on divorce and property law.  Very simply speaking, the court will equally divide marital property but each party is typically awarded his or her own separate property.
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Friday, November 4, 2016

Brangelina: The Split Heard Round the World

Can proper pre-nuptial planning streamline and privatize an eventual divorce?

Brangelina is now just Brad and Angelina again. By now you’ve likely heard that one of the world’s most popular celebrity power couples, Angelina Jolie and Brad Pitt, has recently called it quits after 12 years together and two years of marriage. The couple has six minor children together, with three being adopted by the couple. They also reportedly have 12 properties between them, with Pitt owning seven, Jolie owning two, and the couple jointly owning three others acquired prior to their marriage.

Jolie is seeking a


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Tuesday, November 20, 2012

Comingling Assets Can Defeat Prenuptial Agreements in Michigan

I am a family law attorney, also known a a divorce lawyer, in the Auburn Hills area of Oakland County, Michigan.  I read every case decided by our Supreme Court and Court of Appeals in my area of the law.  On September 11, 2012, the Court of Appeals issued an interesting opinion with regards to how comingling of assets can defeat the intention of an otherwise valid prenuptial agreement.


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