Gormley Law Offices, PLC

Take Charge Of Your Situation 517-219-9301

Gormley Law Offices, PLC

CALL

Helping People Move Forward With Their Lives

The legal team of Gormley Law Offices, PLC

Experienced Prenuptial Agreement Guidance In Livingston County

Getting a premarital agreement in Michigan is not a plan to fail – it is a way to make sure that you and your intended spouse are on the same page with your financial expectations. Prenuptial agreements are becoming increasingly popular, especially for couples who are marrying later in life and want to protect their loved ones and everything they have built.

At Gormley Law Offices, PLC, our attorneys bring decades of legal experience to help our clients in Howell, Fowlerville and throughout Livingston County.

What Is A Prenuptial Agreement?

A prenuptial agreement is a private contract that a couple can make before marriage. This agreement typically outlines how financial matters will be handled in the event of divorce or separation. Prenuptial agreements can cover a wide range of issues, including:

Prenuptial agreements are particularly useful when one or both partners have their own business, have children from a prior marriage or will bring significant assets or debts into the union.

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.

How Premarital Agreements And Estate Planning Work Together

Prenuptial agreements can be a critical part of estate planning for people who have children from prior relationships. Without an agreement in place, children from a prior marriage could be shut out of their fair inheritance by a stepparent if their biological parent dies first.

An experienced prenup lawyer in Livingston County can help you decide if using a premarital agreement or establishing a trust (or both) can guard your family’s future.

Can Child Custody Be Included In A Prenuptial Agreement?

In Michigan, parents cannot define who will be the custodial 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.

Frequently Asked Questions About Michigan Prenuptial Agreements

We are renowned Michigan family law attorneys with decades of experience. Here are some of the questions we hear most frequently from our clients about Michigan prenups.

Can you get a prenup after marriage?

No, in Michigan, you cannot get a prenup after marriage. However, married couples are free to craft postnuptial agreements, which can function similarly. They’re often used to protect a spouse who is about to give up a career to be a stay-at-home parent, inheritances and business ventures.

How much does a prenup cost in Michigan?

The cost of a prenup in Michigan can vary depending on various factors, such as:

  • The complexity of your financial situation.
  • The level of negotiation required.
  • The specific terms you wish to include.

At our firm, we understand that each client’s needs and circumstances are unique. We work closely with you to assess your situation and provide a personalized estimate for drafting a Michigan prenuptial agreement that aligns with your interests and objectives.

What happens if you sign a prenup and then get divorced?

In Michigan, when you sign a prenup and subsequently get a divorce, the terms of the prenuptial agreement typically govern the division of assets and liabilities. However, the validity of the prenup may be challenged if:

  • One party can prove they signed the prenup under duress, coercion or undue influence.
  • One spouse didn’t fully disclose their financial situation before signing the agreement.
  • The terms of the prenup are so unfair that they shock the conscience of the court.
  • The prenup wasn’t properly executed according to state laws, such as not being signed in the presence of witnesses or notaries as required.
  • The terms of the prenup violate state laws or public policy, such as agreements that encourage divorce or waive rights to child support.

If you have questions about how a premarital or postmarital agreement will affect your divorce, our attorneys can review your agreement and guide you.

Learn More About Prenuptial Agreements Today

A good Michigan prenuptial agreement is fair to both sides and can create a tremendous sense of security in an uncertain world. A great premarital agreement is one that has been custom-crafted to meet your specific needs so that you start your new marriage on a solid footing.

To learn more about how a family law attorney can help you before your marriage begins, call Gormley Law Offices, PLC, at 517-219-9301 or use our online contact form to schedule your free, no-obligation appointment.