Michigan Postnuptial Agreement Lawyers
Postnuptial Agreement Attorneys with 85 Years of Combined Legal Experience
In the state of Michigan, married couples can protect their assets in the event of a divorce with a postnuptial agreement. These agreements are not only useful in a divorce, but they can also be used to dictate how assets and properties should be handled in the event of death. If you are interested in creating a postnuptial agreement, the attorneys at American Divorce Association for Men can help you.
We have over 30 years of experience helping couples protect their assets with a postnuptial agreement. Our legal team knows how your postnuptial agreement should be to ensure that it is valid in the event of a divorce.
What Is a Postnuptial Agreement?
A postnuptial agreement is the same as a prenuptial agreement, except that it is signed after a couple has been married. It may be difficult to speak about the possibility of divorce with your spouse, but it is always a good idea to create this agreement to protect your assets in the future.
Who Should Get A Postnuptial Agreement?
You may want to sign a postnuptial agreement if:
- You have obtained a large asset since the start of your marriage.
- You have started a new business since the start of your marriage.
- You have received a large inheritance.
- You have children from a previous marriage you want to protect.
- Your spouse has incurred a lot of debt since the start of your marriage.
- You regret not getting a prenuptial agreement.
- You and your spouse frequently argue over money or have different views on how to manage your finances.
Regardless of your situation, the attorneys at ADAM can help you develop a fair postnuptial agreement that would be enforceable in court.
What Do Postnuptial Agreements Cover?
Postnuptial agreements are created to prepare the distribution of assets and/or properties in the event of divorce.
This agreement covers a wide variety of issues including:
- The division of property and assets
- The division of business
- The division of retirement and investment accounts
- The division of life insurance
- The inheritance of children from previous relationships
- Whether or not spousal support will be paid, and if so, how much and for how long
It’s important to note that you cannot make decisions regarding child custody and child support in your postnuptial agreement. The law does not allow this since these decisions should be made based on what is best for the child rather than what the parents already agreed upon.
What Are the Benefits of Getting A Postnuptial Agreement?
There are a number of benefits to signing a postnuptial agreement, including:
- It can protect your assets.
- It can protect you from your spouse’s debt.
- It can protect family heirlooms that are important to you.
- It can ensure your children from another relationship are provided for in the event of divorce or death.
- It will simplify the divorce proceedings, which will save you time and money.
- It can minimize the uncertainty of divorce.
A postnuptial agreement cannot prevent divorce, but it can reduce the emotional and financial toll of a divorce. However, Michigan law is complicated when it comes to postnuptial agreements and does not favor their enforcement.
Will the Court Enforce Your Postnuptial Agreement?
The court will not enforce a postnuptial agreement unless it meets certain requirements, including:
- It is fair to both parties.
- Both parties voluntarily signed the agreement.
- The agreement was not obtained by fraud, duress, mistake, or misrepresentation.
- Both parties fully disclosed their assets and debts prior to signing the agreement.
- Dismissing a pending divorce also goes a long way to helping the postnup be enforced later.
If an agreement does not meet these requirements, the court may determine it is unenforceable. To prevent this problem, it is in your best interest to work with an attorney when drafting a postnuptial agreement. You and your spouse should not be represented by the same attorney when negotiating the terms of a postnuptial agreement. The attorneys at ADAM are proud to help men aggressively negotiate favorable postnuptial agreements that protect their finances.
Work with Our Michigan Postnuptial Agreement Attorneys Today!
If you and your spouse want to create a postnuptial agreement to protect your assets and your family, contact our experienced attorneys from ADAM. Our legal team has been protecting men from unfair bias in the courts since 1988. This experience has equipped us to help out clients obtain the results they are looking for. We know what is needed to create a valid and just postnuptial agreement. We are also proud to represent clients in Oakland, Macomb, Wayne, Livingston, Washtenaw, Monroe, Lapeer & St. Clair Counties.
Contact our Michigan postnuptial agreement lawyers today for a free consultation!