Pre and Post Nuptial Agreements

Premarital (before marriage) and Postnuptial (after marriage) Agreements are fully legal and binding in Michigan provided they are done properly.  If not done properly then you will not only put your fiancé /spouse through a difficult and sobering experience but you would have wasted your time and money and perhaps lose a significant portion of your property.

Who are good candidates for Pre and Post Nuptial Agreements?   
In my opinion the following are those most appropriate in order from most to least.

1. Second marriages between older couples where there are children from prior marriages.  It is ultimately tragic when the widower remarries, fails to provide for his offspring, dies before his new wife (which is statistically likely) and the new wife inherits all the widowers’ property to the exclusion of his children.
   
2. Marriages where there is a significant disparity of property and assets and where there is no likelihood of children being born and the parties want to keep premarital property separate.
3. Marriages of convenience where the parties acknowledge that things may not work out and want to avoid litigation over disposition of property and spousal support in case of death or divorce.  
4. Pre and Post Nuptial Agreements are not appropriate for young couples just starting out, for couples who have little or no property or significant assets or for couples who already have children together. 

To make a legal and binding Pre or Post Nuptial Agreement in Michigan, it must be in writing, signed by the parties, and notarized.  Equally important Michigan courts have further reqiured that the agreement must not be obtained through fraud, duress, mistake or misrepresentation or nondisclosure of material facts, and that circumstances have not changed since the agreement was signed in such a way to make the enforcement of the agreement unfair and/or unreasonable. The agreement may be found unenforceable if any of the above factors exist.  It is very important that the agreement clearly recites the facts and circumstances of the parties, contains a complete disclosure of each of the parties assets and liabilities, and also recites the circumstances of the negotiations including the age, health and marital history of each party.