What is a Postnuptial Agreement and When is it Useful?

 Posted on February 28, 2022 in Family Law

Once the excitement of a wedding has worn off, married couples in Michigan must begin the difficult process of successfully building a life together. While a prenuptial agreement may have been overlooked or deemed unnecessary before a wedding, the idea of a legal agreement that protects spouses in the event of separation, divorce, or death may become more appealing once the marriage has already begun. 

If a couple is already married, it is too late to sign a prenuptial agreement. But there is another option that may be just as useful - a postnuptial agreement. Just like a prenup, a postnup can protect a couple from conflict when major marital disagreements arise. And, like a prenup, a postnup requires transparency, fairness, and a willingness to look out for your partner’s wellbeing into the future. If you have already gotten married and are interested in learning more about a postnuptial agreement, a Michigan family law attorney may be able to help. 

Postnuptial Agreements in Michigan

In the past, there has been some concern that postnuptial agreement may fail to protect the sanctity of marriage by allowing a married couple to divide their debts and assets after they have already gotten married. In this way, it may make the decision to get divorced easier. 

Yet Michigan courts can and do uphold postnuptial agreements as long as they conform to Michigan contract law and are not seen to encourage divorce, meaning couples must enter into them with full faith into the longevity of the marriage. When properly written and executed, postnups can protect spouses from major conflict if a divorce does occur. 

What Can Postnuptial Agreements Contain? 

Most couples are familiar with the ability of a marital contract to detail how financial matters will be handled in a divorce. But couples can also proscribe issues they encounter during the marriage, including: 

• Which spouse will handle certain bills or household expenses
• Whether a certain asset is marital or personal property 
• Whether a couple will attend marital counseling before a divorce to preserve the marriage
• Whether one spouse will pay the other spousal support

Couples should be circumspect about the creation of a postnuptial agreement because Michigan courts examine them with much more scrutiny than they do prenuptial agreements. It is essential to get the help of an experienced postnuptial agreement attorney who can help you create a document that will be seen by a court as fair and done with the intent to preserve the marriage. 

Meet with a Farmington Hills Postnuptial Agreement Lawyer

At Elkouri Heath, PLC, our experienced Oakland County postnuptial agreement attorneys can help you craft an enforceable agreement that meets your needs and sets you up for future success. For help with a postnuptial agreement or any other family law matter, call us today to schedule a free initial consultation at 248-344-9700. 

Source: 

https://www.natlawreview.com/article/should-i-get-prenuptial-or-postnuptial-agreement