Prenuptial Agreement Lawyer in Birmingham, MI
As a prenuptial agreement lawyer, Logan Mackensen works with you to understand your financial circumstances as you enter into the marriage and will draft a prenuptial agreement that is fair and aligned with your needs and long-term goals. Mackensen Law serves Oakland, Macomb, Wayne, Washtenaw, Ingham, Genesee and other counties throughout Michigan with specific expertise in litigating family law cases and creating prenuptial agreements that are more likely to be upheld under state law.
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Prenuptial Agreements in Michigan
If you are planning to get married and you are bringing substantial wealth or assets into the marriage, a prenuptial agreement is important to consider. It may feel counterintuitive to think about the possibility of divorce as you are planning a wedding, but being prepared and protecting your personal assets is a smart and practical step that does not detract from your genuine love and marriage.
At Mackensen Law, we understand the intricacies of crafting a prenuptial agreement that is likely to be enforceable under Michigan law. We delicately approach this work with respect and empathy for you and your spouse-to-be and expertly represent your interests through this process. We are here to help you understand if a prenuptial agreement is right for you.
Why Consider a Prenuptial Agreement?
A prenuptial agreement, commonly referred to as a prenup, is a legal contract entered into before marriage, that details how assets and liabilities are to be handled during the marriage and how they will be distributed in the event of a divorce. It is a safety net that will hopefully never need to be utilized.
It is possible to enter into a similar agreement during the marriage, known as a postnuptial agreement, but there are some key differences between a prenuptial and postnuptial agreement. Besides the difference in timing, another major distinction between the two is how strictly they are treated under Michigan law. Prenuptial agreements are entered into before the marriage when the fiduciary duty between spouses, which is the duty to act in good faith and with fairness towards the other, is not yet in effect. Because postnuptial agreements are entered into after marriage when the fiduciary duty is in effect, they are typically scrutinized more closely to ensure that they are entered into fairly, with full disclosure and without coercion, and possibly most importantly, that they do not violate Michigan’s public policy against encouraging separation or divorce.
Prenuptial Agreement Requirements in Michigan
It is advisable to have an attorney draft your prenuptial agreement and for both parties to have their own attorneys to represent their interests. For a prenuptial agreement to be compliant with Michigan law, it must be in writing, agreed to and signed by both parties, and notarized. As part of the process and as an exhibit to the agreement itself, assets of both parties must be fully disclosed. Additionally, to maximize the likelihood that it will be enforceable if necessary, the agreement should be fair and equitable to both parties.
Prenuptial Agreement Frequently Asked Questions
Can you change or nullify a prenuptial agreement in Michigan?
A prenuptial agreement is a contract and like other contracts, it can be changed or terminated at any time if both parties consent. In the case of changing the prenuptial agreement, an amendment must be drafted and signed by both spouses. In the case of nullifying the prenuptial agreement, a termination document must be drafted and signed by both spouses. Enlisting a lawyer to draft the amendment or termination document is recommended to increase the likelihood that it will be recognized and upheld by the court system in Michigan.
Are prenuptial agreements legally enforceable?
While it is not a guarantee that a prenuptial agreement will be enforced by the courts, if it is fair and equitable, assets of both parties are fully disclosed and the agreement is entered into voluntarily without coercion or fraud, it is more likely to be accepted under Michigan law. Discussing the specific details of your case with an attorney and having them draft your prenuptial agreement will give you the best chance that it will be enforced by the court system if necessary.
Can a prenuptial agreement protect future earnings?
Prenuptial agreements may include provisions that protect future earnings, assets acquired during the marriage and the appreciation of individual property. In addition to individual assets acquired during the marriage, a prenuptial agreement can also determine how marital property will be divided if the marriage is dissolved. Marital property includes property acquired during the marriage with joint funds or contributions from both separate and joint funds. The intricacies of these agreements require that they be written precisely and ideally by an attorney who has extensive expertise with Michigan prenuptial agreement laws.
Contact Mackensen Law
Although it may feel that way, a prenuptial agreement does not have to be looked at as a negative or as a detraction from the joy of falling in love and getting married. At Mackensen Law, we encourage couples to look at prenuptial agreements as a form of financial planning that allows them to enter the marriage with safety and clarity. If you are considering a prenuptial agreement, get in touch with us for a free consultation and let us help you secure your future.