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Almost any couple could benefit from using a prenuptial agreement in Michigan. Whether you are a wealthy couple living on Grosse Ile or a blue collar family in Allen Park, you can still have a prenup. It allows you to predetermine how your marital estate will be divided should you get a divorce.
A prenuptial agreement does not cover the following: Child custody or visitation matters. Child support. Alimony in the event of a divorce. Day-to-day household matters. Anything prohibited by the law.
Each spouse should prepare a financial statement, with the help of an accountant if necessary, and attach the report to the agreement. It's also best that each spouse hires an independent attorney to review the document. Courts will invalidate an agreement if one spouse commits fraud or deceit as part of the agreement.
While individuals can utilize forms and existing agreement formats to create a Prenuptial/Antenuptial or Postnuptial Agreement on their own, it is highly recommended to consult an attorney who specializes in family law to draft and review these agreements.
Michigan Antenuptial Agreement Statute and Case Law The terms must be fair, equitable, and reasonable. The terms must be lawful. Must be signed voluntarily by both parties (without being under duress, fraud, or misrepresentation) The contract must be signed at a reasonable amount of time before the wedding.
In ance with Michigan contract law, an agreement must be in written form and signed by both parties with notarization.