Postnuptial Agreements In Michigan
Because they are often a common subject on popular TV shows, prenuptial agreements get a lot of screen time. Put simply, prenuptial agreements are contracts between two people, who are about to marry, where all the property each person owns is listed, with specifications as to each person’s property rights after marriage should they divorce. A postnuptial agreement is similar in that it is an agreement made between two parties regarding the control or ownership of assets and responsibilities should they divorce, but the agreement is reached after the two have already married. This article will discuss what a postnuptial agreement is, how the agreement is made, and what can and cannot be included in the agreement.
Trusted Family Law Representation In Michigan
It can be challenging to know what to do next or who to trust in divorce proceedings. In those circumstances, it is crucial that you have an experienced family law attorney on your side. An experienced attorney understands the proceedings involved and the tactics used by the opposing party to help you achieve the best result. Law Offices of Ravi R. Gurumurthy has extensive family law and divorce experience and are ready to fight for you. To learn more or schedule your free initial case consultation, call us at (231) 577-1580 or visit our website today.
What Is In A Postnuptial Agreement?
Like prenuptial agreements, postnuptial agreements are contracts that the spouses in a marriage agree to after marriage. These contracts involve property division, children, alimony, and other issues involved in the divorce. These agreements can include lists of assets owned by each party in addition to a recitation of the parties’ rights and responsibilities concerning those items or other agreed-upon matters. For example, postnuptial agreements may include inheritances, bank accounts, retirement assets, and more to ensure that the property is established as the parties and not “commingled” or merged with the rest of the couple’s assets. In marriage, unless the party shows the property or responsibility is solely theirs, the property is commingled and divided between the spouses in divorce, usually through the court’s final divorce decree.
Even though postnuptial agreements involve marriages, they are often negotiated like regular contracts. The two parties will have their own lawyers who negotiate with the other side on their behalf to obtain desired provisions, property, or responsibilities. While the negotiation process does not require each party to be represented by an attorney, the court is more likely to uphold the agreement if each party is adequately represented. Although postnuptial agreements occur after the wedding, the negotiations on the contract can last for years.
Improper Postnuptial Provisions
As with prenuptial agreements, the agreement cannot include child custody and child support issues. The court generally handles these issues, and they cannot be waived using the postnuptial agreement. You cannot include child support or child custody in pre- or postnuptial agreements because the court considers these issues to be matters of public policy, on which the court has the final say. If the court deems that any of the provisions in the postnuptial agreements are unreasonable, the court may invalidate the unacceptable terms. However, parties may agree to waive spousal support—potential payments to the other spouse after divorce—in favor of other agreements, like taking ownership of property or changes in responsibilities.
Hiring A Family Law Attorney In Michigan
Postnuptial agreements are practical tools to ensure that you and your spouse’s interests are considered and protected. These agreements can be very complex, and one small mistake could drastically affect your circumstances. When drafting postnuptial agreements, it is vital to have an experienced attorney who understands the law on your side to help you to the best position possible. Law Offices of Ravi R. Gurumurthy is a family law firm experienced in assisting clients in cases of adoption, divorce, child custody, child support, and more. Founder Ravi R. Gurumurthy can explain your options and help you manage the postnuptial agreement process efficiently and effectively. Reach out to Law Offices of Ravi R. Gurumurthy by calling (231) 577-1580 or contacting us online.