Welcome back and thanks for joining us again for this discussion on your prenup, and how to make sure it’s enforceable in future, in a Michigan court. We’ve already talked about the importance of doing the prenup well in advance so that there’s no chance of anyone claiming they were pressured into signing. And we’ve also discussed why you have to be completely transparent about your assets and debts. So moving on, we’d like to wrap this up with the last two pointers we think are most important in this situation.
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Don’t include ridiculous provisions!
The whole point of a prenup is to help a couple fairly divide their assets and debts if their marriage ever fails. It isn’t meant to be an opportunity for holding one another to certain unrealistic standards. Including things like, “You always have to be the one who takes out the trash!” or “You can’t gain more than 15 Lb max or I’m leaving you!”
Many people insist on putting these kind of very personal provisions into their prenups, and in many cases their lawyers will humor them buy going along with it. But the truth is, none of these things are likely to hold up in court. A Judge isn’t going to send one spouse packing with nothing, just because they didn’t do every load of laundry like they promised they would in the prenup.
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Don’t use your prenup to plan for child custody issues
The point of a prenuptial agreement is to designate assets and debts if a marriage ever fails. It isn’t meant to be a vehicle for preplanning your custody agreement and visitation schedules. So don’t try to create a prenup that plans out how you and your spouse will manage your future children, should you ever get divorced.
Another thing you can’t include that has to do with your children, is child support. You can’t predetermine how much child support you’re willing to pay in the even of a divorce, or how much you think you should receive. Child support is something that will have to be determined by the court at the time of the divorce, based on a number of factors, like how much you both earn and how many children you have together.
Make sure you hire the right kind of family law attorney!
Some family lawyers take a very aggressive stance when helping their clients prepare their prenups, in an effort to make sure that they’re taken care of in the future. But that can create a hostile environment for the process, and pit an unwed couple against each other. Sometimes it can even undermine a relationship so severely that the couple doesn’t even go through with the wedding!
If you or a loved one are planning to tie the knot, and you want to create a lasting prenup that prepares you for the worst, but hopes for the best, we can help you. Our skilled and experienced family law attorneys here at The Kronzek Firm will honor your relationship, while helping you to plan for all eventualities. You can reach us 24/7 at 866 766 5245.