Detroit Area Family Law Firm Advises on Pre and Post Nuptial Issues
Our family law firm handles a wide range of family-related legal matters pertaining to marriage and divorce. When two people are approaching marriage, it can be practical and often wise to consider entering into a pre-nuptial agreement. A prenuptial agreement can address concerns such as how to account for inheritances for children from prior marriages, business holdings and even debt acquired before the marriage.
Similar questions and issues arising after marriage may be addressed through a post-nuptial agreement. Changes in circumstances or second thoughts about a pre-nup may lead a married couple to consider entering into a post nuptial agreement.
While no one wishes to contemplate divorce at the time of marriage, many couples candidly acknowledge the risk without fear, and consider a pre-nuptial agreement to be essentially a practical component of comprehensive estate planning. A pre-nup, a power of attorney, a health care directive, a will or a trust each seeks to answer the "what if" and "what about" questions openly, honestly and conscientiously, before a future event (potential marital problems, a medical crisis or an untimely death).
Once a couple has decided to enter into a pre-nuptial (or antenuptial) or post-nuptial agreement, the parties want to be sure that it is executed correctly, and will be enforceable if ever brought into play. For this reason, couples are urged to work with well-qualified family law attorneys. Any attempt to "do it yourself" or take shortcuts may thwart the couple's intent altogether.
At the family law firm of Schwartz Law Firm in Michigan, we handle all aspects of prenuptial and post-nuptial agreements, including counsel, drafting and executing. If the prenuptial is ever used, we know from experience the degree of scrutiny that a court is likely to apply. A judge could ask whether the pre-nup is fair, equitable, valid and enforceable — or if it was obtained through fraud, duress, mistake, misrepresentation or non-disclosure. We can advise you as to the risks you may face if you have to litigate a clause in your pre-nup; we can also advise on measures you can take to avoid pre-nuptial litigation in the future.
For a free initial consultation to resolve your family law issues in an atmosphere that is cordial and tailored to your needs, contact a lawyer at our Michigan family law firm in Oakland County today.