Deciding what type of marital agreement will work for you
In the past, premarital agreements have received a negative social stereotype. They were seen as documents that essentially assumed that a marriage would come to an end. The party who wanted a prenuptial agreement was viewed as being selfish and not fully invested in the relationship. Fortunately, times have changed and these documents are becoming recognized for the system of organization that they truly are.
At Barberi Law, our attorneys can answer your questions regarding prenuptial agreements, antenuptial agreements and postnuptial agreements. Individuals typically have several concerns, including:
- I’m not rich; why do I need a prenuptial agreement?
- What should I include in a prenuptial agreement?
- My wedding is in two weeks and she wants me sign a prenup. What should I do?
- Can you represent both parties in the drafting and signing of a prenup?
These and many more questions are addressed in a book written by Joseph Barberi. The book, “The Divorce Book: What Every Michigan Married Man or Woman Needs to Know…and 5 Things That Can Sink Your Divorce Case,” has been specifically written to answer questions regarding your rights and the legal process involved in a divorce. No matter your situation, we encourage you to contact our office staff. We will mail you Mr. Barberi’s book free of charge, and you can schedule a consultation with staff at our office, if you believe that would be helpful to you.
Michigan prenuptial, postnuptial and antenuptial agreement lawyers
- What is the difference between a prenuptial and postnuptial agreement?
In short, a prenuptial agreement is made before the parties marry and details assets that are being brought into the marriage, whereas a postnuptial agreement is made after the parties have married and lists assets that the parties agree will be split up, according to this agreement, if they divorce. Essentially, a prenuptial agreement is before the wedding and a postnuptial agreement is after the wedding.
- Are there certain requirements that must be met to make a prenuptial agreement valid?
There are several requirements that must be met, including: the agreement must be in writing and signed by both parties, there must be a witness to the signing, there must be complete disclosure of each party’s assets and there cannot be any evidence of duress or undue influence. It is also a good idea to have the document drafted and signed well in advance of the wedding, so it does not appear as a last-minute coercion. The better practice is to have both parties represented by their own attorneys during the drafting process.