There are number of reasons why parties choose to enter into a prenuptial or postnuptial agreement. These agreements can simplify the dissolution of relationship in the event of divorce or provide for the distribution of property between a second wife and children from a previous marriage. In second marriages or marriage involving large disparity in assets, prenuptial agreements are becoming more common.
The Michigan Supreme Court declared prenuptial and postnuptial agreements are valid. The agreements are valid and enforceable provided that the agreement meets all of the requirements of validity. The court has established a three prong test for the courts to review prenuptial agreements. The three prong test is the following:
1.The agreement must not be obtained through fraud, duress, or mistake, or misrepresentation or nondisclosure of material fact.
2. The agreement must not be unconscionable (absolutely unfair) when executed.
3. The facts and circumstances must not have changed since the agreement was executed so as to make the enforcement of the agreement unfair and unreasonable.
If a prenuptial agreement does not violate any of these three requirements it will be valid and the court will enforce its terms.
Drafting of prenuptial agreement can be extremely complex. If a person believes that a prenuptial or postnuptial agreement may be needed, than you should contact and experienced divorce lawyer well in advance of your marriage date so that you can discuss the necessity of agreement as well as the content and cost of the agreement.
If you are facing a need for a prenuptial agreement, a good divorce attorney is a requirement. Our attorneys have over 95 years of combine divorce experience. Our attorneys have extensive experience in prenuptial agreements. Typical fees to retain attorney for a prenuptial agreement can range and from 1,000 dollars to as high as 5,000 dollars. Considering the seriousness of this life changing event, it is extremely important to retain the services of an experienced attorney in the area of divorce.
Krupp Law Offices P.C. is located in downtown Grand Rapids, Michigan and has the right divorce attorney for you. We represent clients in all divorce matters throughout West Michigan, , including the cities of Grand Rapids, Big Rapids, Ionia, Grand Haven, Stanton, Greenville, Wayland, Allegan, Holland, Newaygo, White Cloud, Fremont, Coopersville, Hastings, Middleville, Wyoming, and Rockford including Kent County, Ottawa County, Newaygo County, Ionia County, Mecosta County, Barry County, Montcalm County, and Allegan County Michigan.
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