Prenuptial Agreements And The Experienced Legal Guidance You Need
It is safe to say that a marriage never starts with the intention of divorcing. However, the future is uncertain and some couples may want to define the terms and conditions under which a marriage dissolution would occur. To do so, soon-to-be spouses have an option to draft a prenuptial – also called premarital – agreement.
At Gormley Law Offices, PLC, in Fowlerville and Brighton, we offer compassionate and personalized legal services to future families and help individuals draft prenuptial agreements.
Parents Cannot Define Child Custody In A Prenuptial Agreement
In Michigan, parents cannot define who will be the custodian parent in the event of divorce. Instead, a court decides child custody based on the child’s best interests during divorce procedures.
Moreover, courts also define all aspects related to child support. However, parents can agree on child custody and visitation schedules to then submit the plan to a judge’s consideration and approval, should the plan meet the child’s best interests and needs.
What Does An Agreement Include Then?
You and your future spouse can establish and include the following agreements:
- Marital assets division, classification of income
- Payment of debts prior to marriage
- Handling of inheritance, interspousal gifts during the marriage
A couple can also agree on other terms involving alimony or particular determinations should one of the spouses pass away. Therefore, it is vital to discuss your expectations with a knowledgeable lawyer to create a document that truly meets your needs.
Determining The Validity Of A Prenup
To make a prenup enforceable, both soon-to-be spouses should agree by their own free will. Therefore, if the document was signed with undue influence, lack of consent or if one party lacks the mental capacity to enter into that agreement, then it should be void. Additionally, both parties should sign the prenup with a full understanding of the rights and disclosure of all essential aspects that may affect a court’s decision.
Whether you are about to draft a premarital agreement or are concerned about how this document can affect child custody, our attorneys are ready to answer your questions. We are uniquely positioned to assist and guide our clients to empower their decision-making to move forward.