Photo by Ty Welch on Unsplash

Spring is final coming to Michigan after a long winter and it signifies the start of wedding season in Michigan.  There is a lot of planning to do for the wedding including the location for the reception, guest lists, seating, etc.  The list can seem endless but one thing that should be on the list that must be done before the wedding is signing a prenuptial agreement.  While this is far more sobering than planning the wedding celebration, it is actually far more important.  This blog is written as a general explanation of prenuptial agreements and their enforceability in Michigan, if you are getting married this spring, please do not hesitate to contact us to schedule a consultation.

Everyone Should Get A Prenuptial Agreement If They Intend To Get Married.

The first question most people have about prenuptial agreements is "are they enforceable in Michigan?"  The answer is a resounding yes, prenuptial agreements are well-established and enforceable in Michigan so long as the proper procedure and documentation is taken care of at the time it is written and signed.  Most importantly, one must sign the prenuptial agreement before the marriage, even the day before the marriage is ok but it must be signed before the marriage.  If not, then you are looking at trying a postnuptial agreement and those are not necessarily enforceable in Michigan.

The second question typical revolves around the notion that weddings are intended to be hopeful or celebratory and a prenuptial agreement may seem to be antithetical to that.  However, in this day and age, prenuptial agreements are common place.  In addition, it is important to be able to discuss serious financial issues openly and honestly with the other person in the relationship to come to an understanding of how the couple will function with regards to finances during the marriage.  It is far better to do this before actually getting married as opposed to finding out after the marriage that each person has a far different view of how to spend or save income, what is important to spend money on and who will be responsible for bringing in the income for the family.

Finally, while most people understand that prenuptial agreements can protect certain property and handle issues regarding alimony, one other important aspect of prenuptial agreements people should know about is the required financial disclosure.  Before drafting the contract, each party is required to disclose their assets, income and debts to the other person and/or their attorney.  This means that you will be able to discover whether someone is bringing substantial debt into the marriage and how truthful the other person has been about their financial situation before getting married.

This blog was written to very generally address some of the benefits of having a prenuptial agreement prepared by a lawyer and signed by both fiancés before the wedding date.  If you are considering getting married this spring, please contact us to schedule a consultation by clicking on this link or calling (248) 608-4123.