Farmington Hills Marital Agreements Attorney
Michigan family lawyer negotiates prenuptial and postnuptial agreements
Marriage is not just a romantic union, but also a financial partnership. Accordingly, many divorcing spouses are hurt by adverse property division and alimony terms. To help avert these problems, Rosenbaum, Bloom, Meyerson & Galinsky, P.C. creates prenuptial and postnuptial agreements for Michigan residents. As an experienced Farmington Hills marital agreements attorney, Louis Galinsky knows how to handle sensitive discussions and help couples emerge with an enforceable legal document that protects them if they divorce someday.
Key elements of a valid marital agreement
Developing a prenuptial agreement, sometimes referred to as an “antenuptial agreement” under Michigan law, requires great care, otherwise a court might refuse to enforce it. These legal instruments can set forth terms relating to property division and spousal support should the parties eventually divorce. Provisions relating to custody, visitation and child support cannot be resolved through a marital agreement. The documents must meet the following legal requirements:
- The agreement is fair and was entered into freely by both parties
- The agreement is signed by both parties
- Neither party’s assent is the result of fraud, undue influence, coercion or lack of capacity
- No intervening circumstance since the signing of the agreement makes enforcement unfair to one party
Attorney Louis Galinsky can help you prepare a marital agreement that complies with Michigan law and is tailored to your particular situation and goals.
Planning for the future with a prenuptial agreement
Establishing a valid prenuptial agreement has many potential benefits, especially if you have children from a previous relationship or might someday go through a high asset divorce. With a comprehensive document, you can detail exactly which assets constitute separate property and guard against an excessive spousal support decision. A strong prenuptial agreement is a good way to minimize litigation costs should your marriage end in divorce, because financial terms should already be set. Even if your relationship goes the distance, you and your spouse will have the security of knowing that you won’t risk losing assets you owned prior to your marriage.
Modifying financial terms with a postnuptial agreement
During the course of your marriage, something might happen that compels you to consider the potential financial ramifications of a divorce. For example, an inheritance, unexpected windfall or relationship change could lead you to safeguard your assets through a postnuptial agreement. These instruments are legal in Michigan as long as they comply with the general provisions governing premarital agreements and other contracts. If you are married and are interested in negotiating a postnuptial agreement, we can assist with negotiations and draft the document reflecting your agreement.
Enforcing marital agreements in Michigan courts
If you have a marital agreement in place and are going through a divorce, our firm can review the document to assess whether it can be enforced. Often, one spouse will challenge an existing agreement based on problems that occurred at the time of execution or subsequent events that make enforcing the agreement unconscionable. We conduct a thorough review of the pertinent facts in cases where antenuptial and postnuptial agreements are challenged in pursuit of a favorable resolution for our clients.
Role of marital agreements in property division
A valid marital agreement can dictate the property division terms in a divorce rather than putting the decision before a judge under Michigan’s equitable distribution standard. However, you must be sure that the document is valid and clear. Ambiguities about whether a particular asset should be classified as separate property or included within the divisible marital estate are likely to be interpreted against the party seeking to enforce the agreement. Therefore, if you are unsure about how your marital agreement would apply to the division of property in the event of a divorce, you should have it reviewed by an experienced family lawyer.
Contact a Michigan lawyer to schedule a free consultation regarding a marital agreement
Rosenbaum, Bloom, Meyerson & Galinsky, P.C. in Farmington Hills negotiates prenuptial and postnuptial agreements for clients throughout the Metro Detroit area. To make an appointment for a free consultation, please call 248-200-2240 or contact us online.