If you're getting married, you may want to consider a prenuptial agreement. They aren't just for the rich and famous. Anyone can get one, and they can help protect the assets you had before the marriage, in the event you divorce in the future. At The Law Offices of Jannelle J. Zawaideh, we've drafted numerous prenuptial agreements and clearly understand the language that should be used in them. That can help protect you in the case of divorce, and can also make sure that any assets collected during the marriage are fairly divided. Divorce proceedings are easier that way, and can also take less time.
One of the most important issues to consider when drafting a prenup in Michigan is that unfair terms should not be included. That can cause trouble in a divorce case, because the agreement has to be fair to both parties based on the assets they had before the marriage began. Many prenups also give provisions for the length of time the spouses were married, so as to keep the level of fairness to both parties intact and consistent. Having both parties come to the same lawyer for the prenuptial agreement is generally not recommended.
Each party should have a different attorney, in order to make certain the terms and conditions of the agreement are completely fair. Choosing an attorney for each party helps keep everything completely unbiased. In the event the marriage ends, the prenup will then have to be enforced. Getting an attorney to handle that is also vital, and he or she can take care of that as a part of the divorce proceedings. The attorney will look carefully at the agreement, and one party may argue that the agreement is not enforceable. If the original language was unfair, the judge may agree.
When you divorce, you want to make sure you're awarded what is rightfully yours. You also don't want to lose what belongs to you. That is why it's so very important to have attorneys draft your prenup, and to make sure that you're fair and just with the wording of it. Additionally, hiding assets or otherwise being sneaky about the assets you really have could become a problem if you divorce. Most prenups are very fair, but that's not always the case. If the prenuptial agreement is found to be invalid, the Michigan laws on marital property will come into play, instead.
You could get much more than the prenup offered you, but you could also lose much more. Don't try to muddle through the issue alone. Call us for a free consultation and ask any questions you have about your prenup. That way you can have peace of mind, knowing that your assets will be protected should the marriage not work out. Even with the best of intentions in the minds of both parties, a marriage can fail. It's a risk for which you should be prepared, especially if you have significant assets.
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