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Prenuptial and Postnuptial

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 certificate.


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Thursday, February 13, 2020

Mandatory Prenuptial Agreements: Good Idea?


Would you be willing to enter a prenuptial agreement before marriage? If not, you probably would be against a law requiring couples to enter a prenuptial agreement. Three years ago, the idea was raised in Australia. Two-thirds of the respondents to a poll on


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Friday, December 27, 2019

When a Prenuptial Agreement Precedes an Invalid Wedding


Q: What happens to a prenuptial agreement if the wedding isn’t valid?

A “prenup”, as prenuptial agreements are called, is a contract between two unmarried people who are preparing to marry and want to maintain their own separate assets and income after the marriage.

Michigan prenuptial agreement attorneys use them to help couples designate how existing and future assets and debts, among other things, will be divided in the event they later divorce.


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Saturday, June 22, 2019

Should I Get a Prenuptial Contract?


As a divorce lawyer, I recommend that everyone contemplating marriage should at least consider getting a prenuptial agreement.  There are several reasons for this recommendation.  First, as part of the process the parties will have to disclose to each other their assets and debts to one another.  I have seen many cases where one party had significant debt that he or she did not reveal to the other party until after the marriage - this is obviously problematic for a good relationship.  It also requires them to discuss what their financial roles will be during the marriage; is it expected that both parties will work or will one party be a home maker, will both parties continue to work after they have a child, do both even want a child or children eventually? 

These are all questions that should be worked out before a marriage.


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Monday, April 15, 2019

How Can a Prenuptial Agreement Protect Me From Alimony?

The parties’ manifestation of intent to lead separate lives, such as by filing a complaint for divorce or maintaining separate homes, can be of crucial significance when apportioning the marital estate. However, property earned after such a manifestation of intent should still be considered a marital asset, although the presumption of congruence that exists with respect to the distribution of marital assets becomes attenuated and may result in the nonacquiring spouse being entitled to no share or a lesser share of the property in light of all the apportionment factors.
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Saturday, March 2, 2019

Justin Bieber Has At Least These Four (4) Things To Worry About Because He Did Not Get A Prenup


Justin Bieber Has At Least These Four (4) Things To Worry About Because He Did Not Get A Prenup

Justin Bieber married Hailey Bladwin but they did not sign a prenuptial agreement before the wedding.  Some publications now claim that sources say Mr. Bieber is concerned about this oversight.  I can immediately point out four (4) very serious areas of concern for Mr. Bieber but it is too late for him to protect himself.


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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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