Prenuptial And Postnuptial Agreement Attorney In Livonia, Michigan

Prenuptial and postnuptial agreements are contracts executed by engaged couples or spouses. They offer financial protection in the event of divorce.

I am attorney Jeanne M. Frazee, the founder of the Law Offices of Jeanne M. Frazee. I have helped clients in Livonia, Michigan, negotiate appropriate terms for new marital contracts and review the language of agreements proposed by their partners for more than 30 years. I can help you create a prenuptial or postnuptial agreement that protects your needs and resources while conforming to all Michigan legal requirements.

What Separates A Prenup From A Postnup?

The main difference between a prenuptial and postnuptial agreement is when couples sign the marital contract. Prenuptial agreements are contracts entered into before marriage. Postnuptial agreements are contracts signed by already married couples.

Additionally, postnuptial agreements are subject to a higher level of scrutiny. The courts want to make certain the agreement is fair to both spouses and that full disclosure actually occurred. The courts also consider whether either spouse proposed the postnuptial agreement in anticipation of an upcoming separation.

Who Needs A Marital Contract?

Many couples find drafting a marital contract beneficial. Those with the greatest need for protection include:

• Couples starting blended families
• People who own valuable property before marriage
• Those considering leaving the workforce to raise children
• Couples working to overcome misconduct, such as gambling or adultery
• People who receive a substantial windfall while married

Anyone worried about liability for a spouse’s debts, protection for their assets or the prospect of a costly, contentious divorce may want to negotiate a marital contract.

Important Inclusions And Common Pitfalls

All marital agreements require full financial disclosure and terms that benefit both parties. Each spouse must have their own attorney review the agreement before signing, and they must sign of their own free will. Marital contracts may include rules regarding alimony or spousal support, standards for property division and terms identifying the separate property of the spouses.

There are certain details that could weaken or even invalidate marital agreements. Spouses cannot fully waive the right to spousal support or child support. Vague language, personal demands and the failure to disclose all assets/debts could undermine the validity of the agreement.

Experienced Guidance When Drafting And Reviewing Marital Contracts

You can count on me to help you review proposed terms or draft a document that offers adequate protection. Whether you are about to discuss a prenup with your fiancé or have already begun negotiating postnuptial agreement terms with your spouse, you can rely on the Law Offices of Jeanne M. Frazee to assist you with the creation of a valid and enforceable contract.

Schedule an initial consultation at my Livonia office by calling 734-234-1868 or clicking here.