Michigan Prenuptial and Postnuptial Attorneys
A Pre or Postnuptial agreement is a document which lays out the procedure for marital estates in the event that the marriage does not survive, for either compatibility issues or separation caused by death. Historically, the Prenuptial agreement was designed to preserve the rights and privileges of the widow(er) after the passing of their former spouse. This was meant to insure that the surviving member of the relationship would have the correct rights to all portions of the marital estate not divided by the will or other expressed wishes of the now deceased party. Contrary to popular belief, the notion that a Prenuptial agreement is created for preparedness in the event of a Divorce
Divorce and Taxes is highly inaccurate. It was only in 1991 (Rinvelt v. Rinvelt), that an antenuptial contract made in anticipation of Divorce was not found to violate public policy, which in turn rendered it enforceable as part of a divorce proceeding.
Due to the fact that a Pre or Postnuptial agreement is firmly rooted in contract law, a necessary requirement of both is some significant consideration of value. For a postnuptial agreement, there may be other forms of consideration which are likely to be closely scrutinized by the court during the divorce proceeding.
It is highly unethical for the drafter of the pre or postnuptial agreement to be the Prenuptial Attorney or Postnuptial Lawyer for both parties. This violates the Michigan Bar's rules of professional conduct, as it may create a conflict of interest. If you are signing, or thinking about signing, a pre or postnuptial agreement, you deserve representation too! Our talented and professional legal team can assist you in any matter that relates to a Pre or Postnuptial agreement. Whether it be the drafting of the document, instructing you as to your rights under the agreement, or finding a legal method to rescind the agreement, we can help. Please do not hesitate to contact us and set up your free consultation today!
Call us today at 1-517-886-1000, or e-mail us today!
