A premarital agreement enables prospective spouses to establish financial expectations between the spouses in the event of divorce or death after marriage. This type of agreement may be considered by high net worth individuals, before a second marriage, when an intended spouse has children from a previous relationship, or when one of the individuals has an interest in a successful business.

Michigan family law attorney Henry Bergmans provides assistance to clients who are considering a premarital agreement or have questions about the validity or enforcement of an existing agreement.

Michigan Premarital Agreements

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 pre-emptively decide several divorce-related or death-related matters, including how property will be divided between you and your spouse and issues regarding spousal support. Prenuptial agreements in Michigan cannot dictate child custody or affect the obligation to pay child support.

How Do I Know If My Premarital Agreement Is Valid?

If you decide to enter into 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 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 individual should have their own attorney review a premarital 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 prospective spouses by establishing financial agreements that will apply in the event of divorce or death after the marriage. This type of contract may be particularly important if one or both individuals have substantial financial assets, an interest in a successful business, or a child from a previous marriage or relationship. A premarital agreement can provide predictability and allow you to plan your future more securely as a married couple.

Schedule a Free Consultation with Henry Bergmans

If you have questions about premarital agreements in Michigan, contact Henry Bergmans for a free initial consultation by reaching out through the online contact form or calling at (810) 360-0900. From his office in Howell, Henry assists clients throughout Livingston County, Genesee County, Ingham County, and Washtenaw County, and in the surrounding areas.