Prenuptial Agreements Attorneys in Waterford, Michigan
Here in Michigan, a valid prenuptial agreement, also known as an ante-nuptial agreement, is binding in family court. A typical prenuptial contract deals with two unwanted but possible outcomes in a marriage: the death of a spouse and divorce. A skilled Waterford & Clarkston prenuptial agreement lawyer at Clarkston Legal can help with both and guide you through the process.
What is a Prenuptial Agreement?
In order to be enforced, a prenuptial agreement must meet certain legal standards. First, both sides must have the contract reviewed by separate lawyers. Second, each spouse must have fully disclosed their assets and debts to the other and acknowledge this full disclosure in the body of the prenuptial agreement. And lastly, a prenuptial agreement must be signed before the marriage by each spouse, willingly and not under duress.
Prenuptial agreements are not appropriate for every prospective nuptial. Generally, there is little reason for a young couple just starting out to execute a prenuptial contract. On the other hand, some individuals, due to specific property and wealth circumstances, may desire the certainty that comes with such contracts.
In 2017 the Michigan Supreme Court issued the Allard v Allard decision which concluded that a family court judge has the power to invade a spouse's separate property, even when the basis for the separate property is a prenuptial agreement.
Since Allard, some family law practitioners have questioned to ongoing efficacy of prenuptial agreements. Here is a blog post we published to aid our client prospects with the navigation of this complex concept.
Examples of individuals that should consider a prenuptial agreement include:
high net-worth individuals;
owners of family businesses;
individuals with children from a previous marriage.
Breaching the subject with one’s fiance can be very touchy and difficult. Often, the less-propertied individual feels insulted by the request for a prenup; they are also told they have to hire a lawyer to review a document they have mixed feelings about signing.
A Waterford Prenuptial Agreement Lawyer at Clarkston Legal Can Assist You
Our law firm can assist you with this sensitive topic. We have built up a vast network of family law professionals and may be able to refer your loved one to the appropriate lawyer for a review of a proposed prenuptial contract. We also have experience in carefully drafting a prenuptial agreement that suits your specific needs.
If you would like a free consultation to discuss your options relative to a prenuptial agreement, or if you would like to have such an agreement reviewed, simply give us a call to make an appointment.