Prenuptial Agreements Attorney
Serving Oakland County, Michigan
Our firm has attorneys with experience in writing Prenuptial Agreements. A prenuptial or premarital agreement is a written contract that a couple enters into before they are married. The prenuptial agreement typically sets the “rules” for property division that apply when and if the marriage ends. However, a prenuptial agreement can address any subject, including payment of household expenses and bills, ownership of property acquired, or location of the marital residence.
The prenuptial agreement generally protects the spouse with the greatest wealth on termination of the marriage. Property, cash, assets, and family businesses owned by either or both of the spouses are protected against a claim by the other spouse if the marriage ends. The agreement directs the distribution of property when the marriage ends, either by death or divorce, along with the number of support payments a spouse is entitled to receive. By entering into the prenuptial agreement, the couple is removing the court from the determination of how a couple’s property will be divided in a divorce, or in an estate matter should one spouse die. Some prenuptial agreements expire after a period of time. For instance, after 10 years of marriage, the agreement may expire and the spouse’s legal rights will be determined under the law of the state where they reside.
Courts routinely enforce prenuptial agreements if the parties executed the agreement voluntarily and knowingly. Just like any other contract, the agreement is presumed to be legally executed and valid unless proved otherwise. The agreement may be unfair and unreasonable as to one party, but it will be enforced unless fraud, duress, or undue influence is shown.