Postnuptial agreements in Michigan are not as widely known or used as prenuptial agreements, but they are just as important in terms of the protection they can offer, and just as damaging when not entered into fairly.
At North Oakland Michigan Divorce and Family Law, PLC, our postnuptial attorney in Oakland County handles these types of contracts. We know what the red flags are for a judge, what language to use, and how to ensure our clients' interests are considered and their rights are upheld. Contact us today either online or at (248) 608-4123 to schedule a consultation and to learn more about how a postnuptial agreement may or may not benefit you and your marriage.
Postnuptial Agreements in Michigan
A postnuptial agreement is a contract between two married people where they address what will happen to their property in the event of a divorce. Postnuptial agreements are very similar to prenuptial agreements with the major difference that they are entered into after the parties are married rather than before.
Some of the matters that may be addressed in postnuptial agreements are:
- The division of debts should the parties divorce
- How property, or assets, will be divided in case of divorce
- If/how monetary support will be provided in case of divorce
As long as the provisions are compliant with the laws of Michigan, most marital issues may be addressed.
Do Postnups Hold Up in Court?
When contracts are entered into, it is typically because two parties are bargaining over something, such as a piece of land. If one party does not agree to the terms, they have the ability to walk away from the agreement. With postnuptial agreements, the parties are already married, so there really is no bargaining power. Because of this, courts tend to look down on postnuptial agreements. While prenuptial agreements are routinely enforced in Michigan, with postnuptial agreements it seems to depend on the facts of the case as to whether the court will uphold the contract.
Who Needs a Postnuptial Agreement in Michigan?
A postnuptial agreement is recommended for many situations, but it is especially important in the following scenarios.
Business Owners. If you own a business and want to protect its earnings, even those that have occurred during the time of the marriage, a postnuptial agreement can help.
Fear of Financial Talks. If you and your spouse were worried about discussing finances prior to your wedding day but now that you are married, you see how a mutual agreement could be beneficial, a postnuptial agreement may be the route for you.
Inheritance. If you or your spouse has received an inheritance that you don't want to be considered a joint asset, a postnuptial agreement can help keep it separate in case of divorce. Also, if you begin to see that there may be inheritance disputes between the children you each had in previous relationships, a postnuptial agreement can prevent that from happening.
Protection Against Debts. In a situation where one of the parties has developed a spending issue, gambling issue or drug/alcohol problems, one spouse may not want to get a divorce but they may want an agreement to protect themselves from the debts of the other spouse if they eventually separate or get divorced. but they do not want to get divorced if they do eventually divorce.
Do You Need a Family Law Lawyer in Michigan for a Postnup?
In short, yes, you should have an attorney to represent you in a postnuptial agreement for several reasons:
- To be sure you are treated fairly in the agreement
- To have the agreement upheld, as a court is much more likely to say it is a valid contract if both parties were represented by counsel when they entered into it
- To be sure the terms of the agreement are something the laws in Michigan all
Contact a Postnuptial Agreement Attorney in Oakland County Today
Postnuptial agreements in Michigan do not have to be something to fear but can be something to help you and your partner prepare for the future for whatever may come. It's about being proactive with the caveat that the agreement is fair and mutually agreeable. Find out if a postnup is right for you and your unique situation and contact us today either online or at (248) 608-4123. We will schedule a consultation with our postnuptial lawyer so that you can ask your questions and enter into an agreement that makes sense to you.