Professional Legal Services For Prenuptial And Postnuptial Agreements
Last updated on March 4, 2025
Entering into a marriage or civil union is a significant life decision, and it is essential to protect your financial interests and property with prenuptial (prenup) and postnuptial (postnup) agreements. At Gordon & Hess, PLC, our skilled attorneys in Grand Rapids, Michigan, offer legal services to help you create, review and finalize these important documents.
Difference Between Prenuptial And Postnuptial Agreements
Couples create and sign prenuptial agreements before marriage. Each party should have its own attorney so that no one feels pressured or disadvantaged. In Michigan, a prenuptial agreement typically includes:
- Division of property
- Handling of alimony or spousal support
- Determination of property rights
- Management of inheritance rights
- Treatment of business interests
- Allocation of retirement benefits
- Assignment of debt responsibility
Postnuptial agreements also cover these points, but couples create them after the marriage. Both types of agreements must remain fair and equitable. These agreements cannot determine child support or custody arrangements.
Note: Michigan does not follow community property laws. Property individuals buy during the marriage is not automatically divided equally between the spouses in the event of a divorce. Instead, the court divides property based on principles of fairness and equity.
Need Help In The Legal Process? Our Firm Can Assist.
Our attorneys ensure your agreement complies with the laws. Full disclosure of assets is critical and timing matters; for example, an agreement made just a week before the wedding may not hold up in court. We understand the details and consider them carefully when drafting your agreement. Our lawyers know Michigan family laws well and help make sure your agreement is complete and enforceable.
If your prenuptial agreement is from another state, Michigan laws will overrule and dictate what happens with the prenuptial agreement. This makes it even more critical to have experienced lawyers draft your agreement.
In case of potential disputes, we suggest including a mediation clause to help resolve issues smoothly and keep you out of court. Remember, a prenup is not filed with the court, so each party must keep a copy, and we will also save one for you.
Answers To Common Questions About Prenups And Postnups
Below, we’ve answered questions you may have about a prenuptial or postnuptial agreement.
Are prenuptial/postnuptial agreements only for wealthy couples?
No, they are not. These agreements can benefit any couple who wants to clarify financial rights and responsibilities during their marriage or in the event of a divorce. They can help avoid disputes and protect both parties’ interests, regardless of their wealth level. Whether you have significant assets or not, these agreements provide a clear framework for managing finances and property, which can be advantageous for any couple.
What happens if my spouse and I decide to modify or revoke our prenuptial/postnuptial agreement?
In Michigan, you and your spouse can modify or revoke a prenuptial or postnuptial agreement at any time, as long as both parties agree to the changes. It’s important to document any amendments or termination of the agreement in writing and ensure that both parties sign. Consulting with an attorney during this process can help ensure that the changes are legally valid and enforceable.
Can a prenuptial/postnuptial agreement override state laws on property division in a divorce?
A prenuptial or postnuptial agreement outlines how you and your spouse wish to divide your property in the event of a divorce. This will typically take precedence over the standard property division process in Michigan. This tends to make a divorce faster and more predictable, which is one of many reasons why these agreements are so useful.
It is important to reiterate that prenups and postnups must be fair, and both parties must have entered into the agreement voluntarily and with full disclosure of assets. Courts may not enforce agreements that are found to be unconscionable or made under duress.
Is there a limit on the types of assets that can be included in a prenuptial/postnuptial agreement?
Generally, prenuptial and postnuptial agreements can cover a wide range of assets, including real estate, investments, business interests, and personal property. They can also be used to allocate debt.
However, as mentioned above, these agreements cannot dictate terms related to child custody or support, as those decisions are made based on the best interests of the child at the time of the divorce.
What happens if one spouse fails to disclose all assets and debts in the prenuptial/postnuptial agreement?
Full disclosure of assets and debts is paramount when creating a prenuptial or postnuptial agreement. If one spouse fails to fully disclose relevant facts about their financial situation, the agreement may be challenged and potentially invalidated by the court. Transparency is key to ensuring that the agreement is fair and legally enforceable.
Why Choose Us?
The court will follow a prenup but does not have to follow it strictly, which is why it is vital to have an experienced attorney draft it. Contact us to make sure your pre- and postnuptial agreements meet your needs and legal requirements. Call Gordon & Hess, PLC, at 616-369-7452 or complete this online form to schedule a consultation.