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Prenuptial, Postnuptial, Cohabitation

Prenuptial Agreement Lawyers Located In Birmingham, Michigan

We represent cases in 9 counties: Oakland, Macomb, Wayne, Washtenaw, Livingston, Monroe, Genesee, Lapeer and St. Clair.

Serving Clients in Southeast Michigan

Our divorce lawyers are experienced in negotiating and drafting prenuptial, postnuptial, and cohabitation agreements.

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What Is a Prenuptial Agreement?

A prenuptial agreement is a written contract made in contemplation of marriage. It is a prudent method for making sure your wishes regarding your assets are known and to protect yourself from potential problems regarding your assets.

What Is a Postnuptial Agreement?

A postnuptial agreement is a written contract made after the marriage occurs and governs the division of property and the rights and obligations of the parties.

What Do I Need to Know About Prenuptial & Postnuptial Agreements in Michigan?

It is critical that you have advice from an experienced attorney in negotiating and drafting prenuptial and postnuptial agreements as the courts will generally enforce these written agreements when they are voluntarily signed by both parties and are fair and conscionable with full disclosure of all assets, income, and liability by both parties.

Drafting a Prenuptial Agreement in Michigan

Drafting a prenuptial agreement in Michigan is a proactive and responsible step that allows couples to outline financial arrangements and address potential issues before marriage. To create a legally binding and enforceable prenuptial agreement, several key considerations should be taken into account.

  • Full Financial Disclosure: Both parties must provide complete and honest disclosure of their financial situations. This transparency is critical for the agreement's validity and fairness.
  • Individual Legal Representation: Although not obligatory, it is recommended for each party to seek independent legal counsel throughout the drafting procedure. This ensures that both individuals fully understand the terms and implications of the agreement.
  • Clarity in Terms: A properly crafted prenuptial agreement should delineate the distribution of assets, liabilities, spousal support, and other relevant concerns. Ambiguity can lead to disputes in the future.
  • No Coercion or Duress: The agreement must be entered into voluntarily without any form of coercion or duress. Both parties should have enough time to review and consider the terms before signing.
  • Modification Provision: Including a provision that allows for the modification of the agreement under certain circumstances ensures its adaptability to changing situations throughout the marriage.

Drafting a prenuptial agreement requires careful consideration of each party's rights and interests. Seeking the guidance of an experienced Birmingham prenuptial agreement attorney can help couples navigate the legal intricacies and create an agreement that reflects their intentions and protects their individual rights.

Call our attorneys at (248) 780-1775 today for a free consultation.

What Is a Cohabitation Agreement?

A cohabitation agreement is a written contract that governs the division of joint and separate property and states the rights and financial and general obligations of the parties. (These agreements do not govern issues related to any children of the parties.) Unmarried cohabitants are not entitled to the same rights as married parties regarding property acquired during the period of cohabitation. A cohabitation agreement can establish the rights and duties of the parties regarding their earnings and property during and after cohabitation.

Cohabiting parties may also want to consider estate planning and a medical care power of attorney in addition to a cohabitation agreement.

Protect Your Assets with a Prenuptial Agreement

Getting married is an exciting time in your life, but it's also important to think about protecting your assets and financial future. A prenuptial agreement, also known as a prenup, is a legal document that outlines how assets and debts will be divided in the event of a divorce or separation.

At The Law Firm of Victoria, P.C., our experienced team of Birmingham lawyers can help you draft a comprehensive prenuptial agreement that meets your specific needs and protects your interests. We understand that discussing a prenup can be a sensitive topic, but we approach it with sensitivity and professionalism to ensure that both parties feel heard and respected.

Benefits of a prenuptial agreement include:

  • Protection of pre-marital assets
  • Clarity and certainty in asset division
  • Preservation of family heirlooms and sentimental items
  • Protection from potential debt liabilities
  • Reduced conflict and stress in the event of a divorce

Whether you're considering a prenuptial agreement or have questions about the process, our team is here to provide guidance and support. Contact us today to schedule a consultation and learn more about how a prenup can protect your future.

If you are unsure about how to proceed with one of these agreements, or are getting a divorce and need to know what happens next, call our team of family law and divorce lawyers at (248) 780-1775.

Consultations are available in-person and by phone for FREE.

    "My biggest mistake was in not retaining you at the onset."

    - L.M.

    "You have been a great help for me and have opened my eyes to a lot of new information and I am very thankful for you and the Law Firm of Victoria."

    - A.L.

    "Thank you from the bottom of my heart! I appreciate your kindness, professionalism and patience. You are truly a blessing."

    - P.O.

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