A post-marital contract cannot prevent divorce, but it can reduce the emotional and financial burden of a divorce. However, Michigan law is complicated when it comes to post-marriage contracts and does not favor their enforcement. Parties may sometimes demand a prenup based on arguments that both parties did not have their own lawyer and did not know what they were doing, the document was signed under duress (for example. B, the threat that the marriage will be annulled) or other contractual defences. The party challenging a marriage contract bears the burden of proof and persuasion. In the event of divorce, the courts can sometimes also “invade” the separate property granted to the other spouse if it is necessary to make a fair distribution of the property. In the main case in that case, Allard v. Allard, 318 Mich App 583 (2017), the Court held that “the parties may not deprive a trial court of its equitable discretion by way of antenuptial agreement.” This means that when drafting marriage contracts, the parties should pay particular attention to ensuring that their agreements respect the principles of fairness in order to strengthen the validity of the contract and reduce the risk of judicial intervention. A post-marital contract may be right for you. You and your spouse can agree on both the terms of the agreement and the reasons for creating the agreement. However, you should consult an experienced family law attorney in Michigan to create a postnuptial contract that is enforceable in court and meets your goals.
Please call us today or text us to find out more. However, a post-marriage contract that is only entered into in the event that a divorce occurs at some point in the future may not be valid because it could weaken the marriage and make divorce more likely. If an agreement does not meet these requirements, the court may find that it is unenforceable. To avoid this problem, it is in your best interest to work with a lawyer when creating a post-marriage contract. You and your spouse should not be represented by the same lawyer when negotiating the terms of a marriage contract. ADAM`s lawyers take pride in helping men aggressively negotiate favorable post-marriage contracts that protect their finances. A prenuptial agreement is the same as a prenuptial agreement, except that it is signed after a couple`s marriage. It can be hard to talk about the possibility of divorcing your spouse, but it`s always a good idea to create this agreement to protect your assets in the future. In the state of Michigan, married couples can protect their property in the event of divorce with a post-marriage contract.
Not only are these agreements useful in the event of divorce, but they can also be used to dictate how assets and real estate should be treated in the event of death. If you are interested in creating a post-marriage contract, lawyers at the American Divorce Association for Men can help. Well created, a post-marriage contract can help you protect your assets and protect yourself from your spouse`s debts. In addition, it can provide you and your spouse with a positive way to communicate your hopes and plans for your assets, assets, and inheritance. It also offers couples the opportunity to assess their financial situation and make decisions that have a lasting impact on their financial future. The wedding date has passed, you are now a married couple, but annoyed by your marriage. Worries about finances, taking care of the household or what will happen when you die put your marriage at risk. Wondering, can you get a prenup after getting married? Find out what a prenuptial agreement is and whether it`s right for you.
Post-uptial contracts can be a useful tool to keep your family together in difficult situations where the only alternative seems to be divorce. However, they must be carefully written and negotiated in certain circumstances in order to be enforceable in Michigan courts. At NSSSB, we have decades of experience helping spouses and future spouses solve difficult problems, including negotiating marriage and post-marriage contracts. We understand when and how these agreements can be applied and what arguments need to be put forward if they are to be set aside. Click here to make an appointment with a lawyer. We will listen to the details of your situation, answer your questions, and help you decide if a prenuptial agreement is an option to keep your marriage intact. However, the court concluded that post-marital contracts are not invalid in themselves, as some of these agreements may be designed to promote harmonious marital relationships and maintain marriage together. In such situations, the objection of public policy should not arise. The court went on to rule that if a post-uptile contract attempts to promote marriage by keeping husband and wife together, Michigan courts can enforce the agreement if it`s right to do so. A postnuptial contract, sometimes called a postnup, is the only option available to a married couple if they have not received a prenuptial contract. Although postnuptial contracts are sometimes not considered equivalent to a marriage contract by the court, this is a change of perspective. It`s important to remember that despite your best intentions, the court may decide not to comply with your post-marriage contract.
So, while we encourage couples to make the effort in case the deal they are preparing could save them a lot of conflict in the future, there is no guarantee that it will be considered legally binding by the court. Everything you include in your post-marriage contract must be fair, otherwise a Michigan court won`t enforce it. In the past, the courts have generally terminated post-marriage contracts that have been concluded while the parties are still together to determine the rights that each spouse will have when a divorce is registered, when it appears that it was made in the light of a divorce. However, this is a relatively new phenomenon and a classic example of how the law is constantly changing. Most family law lawyers have advised clients not to bother to have a post-marriage contract, as the courts will not enforce it. For years, Michigan courts have ruled that postnuptial contracts encourage divorce and are therefore void because they violate public order. Post-uptial contracts are drawn up to prepare the distribution of property and/or immovable property in the event of divorce. Marriage contracts can be “matrimonial” if they are concluded before the signing of the marriage certificate, or “posticipal” if they are concluded after the legal marriage of the couple. It seems that the date of marriage would not make much difference in the performance of a contract.
But Michigan law treats marriage contracts and post-marriage contracts very differently. The answer is yes. Post-nuptial contracts (which are like prenuptial contracts that spouses sign during marriage; that is, after marriage rather than before marriage) are now valid in Michigan. In Hodge v Parks, Mich App Docket No 308726, January 2, 2014 (for publication), the Michigan Court of Appeals ruled that post-marriage contracts are valid. Previously, the Court had pointed out that such agreements were contrary to public policy, which raised doubts as to the possibility of drafting such agreements as enforceable. “Marriage contracts” are contracts between spouses or future spouses concluded in return for the marriage. This means that they are meant to make marriage work. In general, antenuptial agreements apply: Whatever your situation, ADAM`s lawyers can help you develop a fair post-litigation contract that would be enforceable in court. However, in 2014, the Michigan Court of Appeals upheld and enforced a post-marriage agreement. In Hodge v.
Parks, our court ruled that the agreement, in the particular circumstances of this case, encouraged the couple to stay together rather than encourage them to divorce. This decision has led some family law lawyers to believe that under the right circumstances, a marriage contract can be enforced. Even if you and your spouse are considering divorce, you should not prepare a post-marriage contract. Couples who are considering divorce should seek help in planning divorce proceedings. A post-naptile contract during the execution after marriage of a couple is not for the couple who intends to divorce. Marriage contracts signed before the couples` marriage are usually confirmed in court. Religious marriage contracts signed at the wedding ceremony can also be considered a marriage contract and can be applied in accordance with the principles of contract law. Most often, these contracts are negotiated and drafted by lawyers in the days and weeks leading up to the wedding. For a contract to be enforceable, some consideration must be given to it, and in Michigan, marriage itself is considered a matter of value given “in light” of the agreement. Four years later, the woman filed for divorce. Her husband said the agreement was invalid because it was made after the marriage and contained conditions that controlled the division of property at the time of the divorce.
In other words, it was a post-naptile contract that “contemplated” a future divorce and put his wife in a better position because she had filed the divorce lawsuit. The court said post-marriage contracts are acceptable if they are intended to “promote harmonious marital relations and maintain marriage together.” In reviewing the wording of the parties` prenup after marriage, the court noted that it “was not made in consideration of divorce or to promote divorce.” Instead, it should define and clarify the rights and obligations of the parties during marriage and at the end of the relationship – through divorce or death. In particular, given that the post-marriage contract included a prescribed “cooling-off period” and marital counsel before either party could file for divorce, the court stated that the agreement was clearly designed to preserve the marriage to the extent possible and was therefore enforceable. .