Helping Draft Or Enforce Premarital Agreements
Deciding to get married is a very important decision. After an engagement, there will be a lot of time and energy spent planning a wedding. One item that many couples frequently overlook is the drafting of a prenuptial agreement. While you may think that this is not necessary for your situation, it is important that you take the time to protect yourself should your marriage end up not working out.
At Bergmans Law P.C., we will provide you with the legal counseling and support you need when drafting or enforcing a premarital agreement. We use our negotiation skills to find practical solutions to concerns that may arise during the drafting process. Our attorney will offer you practical legal advice as you set the terms of your premarital agreement or consider contesting the validity or enforcement of an existing agreement.
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Premarital Agreements: The Basics
A premarital agreement ― also called a prenuptial agreement, or simply a prenup ― is a contract entered into between prospective spouses prior to marriage. Through a premarital agreement, you can preemptively decide several divorce-related matters, including how property will be divided between you and your spouse as well as issues regarding spousal support. However, prenuptial agreements in Michigan cannot dictate child custody or impact an obligation to pay child support.
How Do I Know If My Premarital Agreement Is Valid?
If you decide to get a prenuptial agreement, it is important that the agreement does not run the risk of being declared invalid by a Michigan court after it is executed. Courts will consider three key criteria to determine if a premarital agreement is valid:
- Was the prenup acquired through duress, fraud, nondisclosure or misrepresentation of a material fact?
- Was the prenup unconscionable when it was signed?
- Have circumstances changed since the prenup was signed such that its enforcement would now be considered unreasonable and unfair?
Each party should have his or her own attorney review the agreement before signing. Because premarital agreements can be complex, it is important that you consult with a knowledgeable attorney throughout the entire process.
A prenuptial agreement can be helpful to a soon-to-be married couple by setting out financial expectations between the parties. It can be particularly useful if you are a high net worth individual or couple, if this is not your first marriage or if you have children from previous relationships. A premarital agreement can provide predictability and allow you to plan your future more securely as a couple.
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