Oakland County Prenuptial Agreement Lawyer

One of the most hotly-contested issues in divorce is who gets to keep certain assets. That said, one of the best remedies to this issue is simply drafting a prenuptial or postnuptial agreement. Contact a knowledgeable Oakland County prenuptial agreement lawyer from Alan B. Cooper & Associates, PLLC to learn more about these agreements and how our firm can help you and your significant other the peace of mind you deserve.

Prenuptial Agreement Lawyer | Safeguarding Your Assets

Whether you’re a wealthy individual or not, drafting a prenuptial or postnuptial agreement may be the smartest decision you’ll ever make. The cost of drafting one dwarfs what you may have to lose, should you get divorced without drafting one. An Oakland County family lawyer here at Alan B. Cooper & Associates, PLLC can help you navigate the process and write up a legally enforceable contract that protects you and your significant other’s best interests.

What Can a Prenuptial Agreement Cover?

Prenuptial agreements can address a wide range of issues, including the following:

• How to divide property, business interests, and financial accounts
• Whether each spouse will keep their retirement accounts or whether they will divide each account
• Each spouse’s ability to manage the couple’s assets during the marriage
• Whether one spouse will pay the other alimony, as well as the amount and duration of payments
• How to divide life insurance proceeds
• Support or inheritance of children from prior relationships
• What happens if one spouse dies during the marriage, and whether one or both spouses must make a will to carry out the terms of the agreement
• How to handle debts incurred before or during the marriage
• How to deal with any changes in income or expenses during the marriage

Importantly, however, a prenuptial agreement cannot predetermine all terms of a future divorce. For example, a couple cannot outline terms for child support or child custody in a prenuptial agreement; these must be decided upon at the time of divorce.

Ensuring Your Prenup is Valid and Enforceable

As with any legal agreement, it must meet certain criteria to be considered valid and enforceable in the eyes of the law. For a prenuptial agreement to be considered valid and enforceable in Michigan, it must:

• Be in writing and signed by both parties before the marriage
• Be fair and reasonable to both parties, and it must not result in an unconscionable outcome
• Be based on full and accurate disclosure of each party’s assets, debts, and income
• Be entered into voluntarily, without fraud, mistake, duress, or undue influence
• Be consistent with the public policy of Michigan, and it must not violate any laws or encourage divorce

Postnuptial Agreements in Michigan

Postnuptial agreements serve the same essential purpose as prenuptial agreements, but they are exclusively drafted after marriage. Though you may feel uncomfortable proposing drafting such an agreement after you’re already married, as long as you’re open and honest about your reasoning for wanting one, you may thank yourself for doing so down the road.

Contact a Prenuptial Agreement Lawyer Today

Our firm has helped countless couples draft prenuptial and postnuptial agreements over the years, and if you’re looking to protect your assets and attain the peace of mind you need to focus on what matters most, simply contact Alan B. Cooper & Associates, PLLC today.