Simply put, a postnuptial agreement is a contract between spouses. Unlike prenuptial agreements made before marriage, “postnups” are executed after a couple has wed. This document outlines how assets and debts will be divided upon divorce or death. It can also address spousal support and other financial matters, excluding child custody and support issues, which courts determine based on the child’s best interests. If you and your spouse are currently considering drafting such an agreement, you should continue reading and reach out to a seasoned Oakland County family lawyer from Alan B. Cooper & Associates, PLLC today. Here are some of the questions you may have:

Why Consider a Postnuptial Agreement?

Reasons vary widely. Some couples see it as a way to address financial concerns that arise after marrying. Others may use it to modify a prenuptial agreement, adapting to changes in their relationship or financial status. Importantly, it offers a clear framework for the future, potentially easing the stress should the marriage dissolve.

What Makes a Postnuptial Agreement Valid in Michigan?

Michigan law is specific about what makes these agreements enforceable. For a postnuptial agreement to be valid in Michigan, certain criteria must be met. They are as follows:

  • Full Disclosure: Both parties must fully disclose their assets and liabilities.
  • Fair and Reasonable: The agreement must be fair at the time of signing and enforcement.
  • Voluntary Signing: Both spouses must sign willingly, without coercion or undue influence.
  • Legal Purpose: The agreement cannot promote divorce or contain illegal provisions.
  • Written Form: It must be in writing and signed by both parties.

Adhering to these criteria is crucial for the enforceability of a postnuptial agreement. Hiring an attorney can play a critical role in ensuring your postnup is valid and enforceable in the eyes of the law.

How Does Michigan Law Impact Postnuptial Agreements?

Michigan views marital agreements through a lens that emphasizes fairness and voluntariness. The Michigan Compiled Laws provide a legal framework that ensures these agreements are not only consensual but also just. Courts scrutinize postnuptial agreements closely, especially focusing on the circumstances under which they were signed and their terms, to prevent unjust outcomes.

If you have further questions about these agreements or are looking to draft one, please don’t hesitate to contact Alan B. Cooper & Associates, PLLC today. We have extensive experience crafting these agreements on behalf of spouses in Michigan, and we are prepared to put that experience to work for you as well.