Prenuptial agreements matter.
There are people with a lot of different questions about getting a divorce in Michigan. We, at Haque Legal, have always answered questions per topic and aim to continuously do so when we can.
However, there are some questions, basic as they are, that people commonly ask that we cannot lump into a category. In this article, let us continue our discussion on some of the common lingering questions that people have about getting divorced in Michigan.
In this part of our article series, we talk about the application of a prenuptial agreement in times of divorce. First, let us begin the discussion about introducing a prenuptial agreement in Michigan.
What is a Prenuptial Agreement?
A prenuptial agreement in Michigan is a contract entered into by the spouses before the marriage. It is a contract that aims to look at the future and provide the terms and conditions of what would happen at the time of a divorce or at the time of the separation of the spouses.
Am I entitled to get a prenup?
Any individual is entitled to get a prenup. A couple who wants to predetermine how they will divide the marital estate in case they separate should consider getting a prenup. There is no need for you to list down your present assets if it is not part of the division of the assets but it should determine how you are going to divide the present assets as well as the future assets that you may incur as a couple.
Why should I get a prenuptial agreement?
There are many reasons why parties decide to get prenuptial agreements. Let us look at some of the common reasons below:
Protection of Separate Property
One of the common reasons why parties get into a prenuptial agreement is to protect their assets and their properties. The parties need to decide whether one spouse will pay the other the alimony and to determine how they can divide the marital assets in case they get a divorce in the future.
For most of our clients, we recommend getting a prenup not just to protect their separate property and to the side of the terms of the divorce but to make sure that the children and their rights and inheritance will be protected in case of a divorce.
Protection of Children’s Inheritance
In some cases, the absence of a prenuptial agreement in the present relationship affects the inheritance of the children coming from a previous relationship. As a parent, you would want to ensure that your children and their property rights are always protected and that is exactly one of the reasons why you should get a prenuptial agreement.
Determination of Divorce Agreement
A prenuptial agreement looks into the future events and not the present; this means that it considers what would happen if these two parties separate and for the specific reason that they separate. In most prenuptial agreements, the parties already determine beforehand the divorce terms as well as the life that they would have during the subsistence of the marriage.
Couples would often agree if one spouse will work or not and the working spouse is the one who becomes liable to pay alimony at the time of their divorce. On the other hand, some spouses have separate businesses and do not want their businesses to be divided or sold if they divorce. The discussion about the children and their custody is also determined in the prenuptial agreement since it will eventually have to be determined at the time of the divorce.
Luckily, our Southfield divorce lawyers can help with all of these various problems.
Agreement As To The Properties At Time Of Divorce
The spouses may also agree as to who gets what in terms of their future property. This can be in the term of percentages or it may also come in the form of specific properties and how they are going to be divided equally or not.
Does the State of Michigan Respect The Prenuptial Agreement?
The prenuptial agreement is respected in all jurisdictions. As long as the parties decide properly on what they are going to do and as long as the parties agree to the prenuptial agreement, there should be no problem in enforcing it.
What happens if one spouse would contest the application of the prenuptial agreement during the divorce?
One of the most common points of contention in a court is the existence of the prenuptial agreement. Some parties try to persuade the court that there is a lack of consent at the time of entering the prenuptial agreement that caused them to sign the agreement. This would often lead to some questioning and more litigation during the divorce.
Some spouses claim duress at the time of signing the prenup to make sure that they will get the court on their side. This is normal and some claims are ridiculous. However, the courts are impartial and are often ready to hear out both parties to see which one presents more evidence in their favor.
Let Haque Legal Help You With Your Annulment or Divorce
Now that you know some facts about dealing with divorce or annulment, it is time to get down to it. If you require a lawyer who can assist you with ensuring that you protect your rights to your property, it is important to know that you also have a team that can help you out with your specific needs.
Our law firm is dedicated to making sure that those who are innocent will be protected by the law and the full extent of justice will be used.
The article that you have read is based on general applications of the law. It is not legal advice and it is not to be construed as any legal consultation with the firm. No client-attorney relationship is created when you read the articles we have provided.
Let us help you out.
If you need a family lawyer in Southfield to help you during your proceedings as well as your annulment proceedings, call us immediately. If you have any problem with the law or are seeking justice and truth, our numbers are standing by to take your call.