Post Nuptial Agreements In Michigan

Also, if you and your spouse are considering divorce, then you should not prepare a post-uptial arrangement. Couples considering divorce should seek help in planning divorce proceedings. A post-marital arrangement, while executed after a couple is married, is not for the couple who wants a divorce. Parties may sometimes require that a prenup be set aside, based on arguments that both parties did not have their own counsel and did not know what they were leaving, the document was signed under duress (such as the threat that the marriage would be annulled), or other contractual defences. The party challenging a marriage pact bears the burden of proof and the persuasiveness. In the event of a divorce, courts may sometimes “penetrate” separate property assigned to the other spouse when it is necessary to enter a fair heritage section. In the main case in this case, Allard/Allard, 318 Mich App 583 (2017), the court held that “the parties cannot deprive a court of its proper discretion through a compliant agreement.” This means that, in the development of marriage contracts, the parties should be particularly careful that their agreements respect the principles of fairness, in order to strengthen the validity of the treaty and reduce the risk of court intervention. We have over 30 years of experience helping couples protect their assets with a post-uptial agreement. Our legal team knows what your post-uptial agreement should be to ensure that it is valid in the event of a divorce. However, this is a fairly recent phenomenon and a classic example of how the law is constantly evolving.

Most family lawyers have advised your clients not to bother to have a post-28th century agreement because the courts will not enforce it. For years, Michigan courts have ruled that post-uptial ice contracts promote divorce and are therefore unresolved because they are contrary to public policy. Lawyers for the Kronzek family have been working with married couples for many years and helping them to properly develop these agreements, which are becoming increasingly popular and useful for couples. A post-uptial contract is the same as a marriage contract, except that it is signed after a couple has been married. It can be difficult to talk about the possibility of a divorce with your spouse, but it is always a good idea to create this agreement to protect your wealth in the future.