Pre-Nuptial and Post-Nuptial Agreements in Michigan
Prenuptial Agreements: Prenuptial agreements are often appropriate and recommended in situation where one or both parties seek to maintain and protect the separate property they bring into a marriage from being divided in the event of a divorce. It is not uncommon during a divorce for one party ask the Court to set aside a Prenuptial Agreement; therefore it is essential to have an experienced attorney create the Prenuptial Agreement to ensure that it is done correctly and will not be seat aside on a technicality by the Court. The Court is required to consider the following factors when determining the validity of a Prenuptial Agreement:
- The Agreement was not obtained through fraud, duress, mistake, or misrepresentation, or non-disclosure of a material fact.
- The agreement was no unconscionable when it was executed.
- The facts and circumstances have not changed since the agreement was executed in such a way that makes its enforcement unfair and unreasonable.
Postnuptial Agreements: In some situations, Postnuptial agreements are appropriate and recommended after the parties have married in order to determine property and support issues in the event of various potential situations including separation and divorce. Although a Postnuptial Agreement is not valid if created in contemplation of a divorce, if done properly, it will be valid in the event of a divorce.
Prenuptial and Postnuptial Agreements are complicated documents that must be done correctly in order to be valid. It is essential to be represented by competent and experienced counsel with a history of success.