Legal documents such as prenuptial and postnuptial agreements can be useful for planning for the future. While they are very similar, there are some differences between the two, other than being before and after marriage. Understanding the differences can help you choose the one that best suits your needs for keeping your assets protected. However, like other agreements and contracts, there are never any guarantees that they will work. In fact, family law attorneys have successfully challenged prenuptial agreements and had them set aside.
What Is a Prenuptial Agreement?
A prenuptial agreement is a contract or agreement signed before marriage. Under Michigan law, prenuptial agreements are generally enforceable if signed voluntarily, contain fair and reasonable terms, and disclose each party’s assets and debts. Again, as with most contracts, they can be set aside by the court.
Common topics in a prenup include:
- Division of marital and separate property in the event of divorce or death
- Alimony terms
- Protection of business or inheritance interests
- Responsibility for premarital debts
What Is a Postnuptial Agreement?
A postnuptial agreement is entered into after a couple has married. These agreements may contain some of the same topics as a prenuptial agreement. While postnuptial agreements are valid under Michigan law, they can be viewed more skeptically by the courts. Our appellate courts have treated postnuptial agreements with disdain, disapproval, and at other times, with favor and approval.
Where Do These Agreements Differ?
Michigan courts are more likely to enforce a prenuptial agreement than a postnuptial one. Prenuptial agreements are sometimes called antenuptial agreements.
- Prenuptial agreements do not require all the same standards because they are negotiated before the marriage begins. Full disclosure from both spouses is required for both prenuptial and postnuptial contracts. Failure to fully and accurately disclose all assets and liabilities increases the chance that a family court judge will set aside your contract.
- Postnuptial agreements will require clear evidence of full disclosure, voluntariness, and fairness. Evidence of coercion, inequality, or unfair surprise can render a postnup unenforceable. P{ostnuptial agreements have had a rough time of it in Michigan courts over the last 35 years or so.
When Should You Talk to a Family Law Attorney?
An experienced family law attorney can help you draft a clear agreement that reflects your goals and one that meets Michigan’s legal requirements. The more solid and fair the contract, the better the chance it will be enforced by your judge. You should speak with a trusted family law attorney in Mid-Michigan:
- Before marriage, you can protect personal or family assets, limit future spousal support obligations, or set financial expectations clearly from the start. Whether you live in Lansing, Dewitt, Mason, or Ionia, if you or your partner has significant assets, owns a business, or expects a large inheritance, getting legal advice before you walk down the aisle can help you protect those assets. Starting that process at least six months before the marriage is best.
- After marriage, if financial circumstances have changed, or you want to reaffirm or revise your agreements as part of estate or divorce planning. You should work closely with an experienced Lansing area family law attorney to create a strong agreement with a chance of being enforced. That process is neither quick nor easy.
Contact Us
At The Kronzek Firm, we help clients in and around Lansing, Eaton County, Ingham County, Clinton County, and Livingston County protect their financial futures with enforceable and customized pre-nuptial and post-nuptial agreements. Whether you’re in Okemos, East Lansing, Jackson, Ionia, or anywhere in between, our experienced Michigan family law attorneys are here to help. Our team has worked in Mid Michigan’s family courts for the last century.
📞Contact our Lansing office today at (517) 886-1000 for a consultation.
[Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult an attorney for personalized guidance.]