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What is a Prenuptial or Antenuptial Agreement?
A prenuptial agreement, also known as an antenuptial agreement, is a contract entered into between two people contemplating marriage. The purpose of a prenuptial agreement is to determine what each person’s assets will be in the event of divorce or death. In order to be valid, a prenuptial agreement must be executed before the wedding. Both parties should have legal counsel and full financial disclosure of all assets of the parties is a must. The agreement is generally enforceable if it is executed properly and there is no fraud or duress involved in its execution.
A prenuptial agreement must meet the following requirements:
1- The agreement must be obtained with full disclosure of assets, without fraud, duress, mistake, or misrepresentation.
2- The agreement must be fair to both parties.
3- Both parties should have opportunity to seek independent counsel.
It is imperative however, for each party interested in executing a prenuptial agreement to be represented by his and her own attorney. This increases the enforceability of the agreement and avoids the potential of setting aside the agreement due to a conflict of interest of one attorney representing both parties.
Top Reasons a Prenuptial Agreement May Not be Valid
1- Not Properly Signed.
2- False or incomplete Information
4- Provisions are not legal
The attorneys at Michigan Family Lawyers recognize that a prenuptial agreement must be handled delicately. We encourage couples to fully disclose all finances and assets prior to generating any agreement. Handing your future spouse a prenuptial agreement and asking her/him to sign it is a heavy-handed approach that we discourage.
Almost fifty-five percent of all marriages end in divorce. Legally, marriage is a contract that involves many financial decisions along the way. We work closely with you to determine whether a prenuptial agreement is an option to protect you and your assets. If your spouse has asked you to sign a prenup, we can make sure that your decision to sign is an informed one, and your interests are protected.
Michigan Family Law Lawyers
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Prenuptial Agreement Attorney
The attorneys at Michigan Divorce and family law lawyers serve clients in Northville, Novi, Livonia, Wayne, Howell, Brighton, Canton, South Lyon, Farmington Hills, Taylor, Ypsilanti, Milford, Plymouth, Ann Arbor, Walled Lake, Westland, Belleville, Wayne County, Oakland County, Washtenaw County and Livingston County in Michigan.