Are Prenuptial Agreements Still An Option In Michigan?
Thursday, 09 December 2010 13:00

Prenuptial agreements are valid and enforceable in Michigan law. However, this hasn't always been the case. Traditionally, the courts viewed such agreements as contracts that were being made in contemplation of divorce.  


The courts believed that such an agreement was essentially encouraging the divorce and separation of married couples and that such a concept was against public policy and unenforceable at law.  Todays courts recognize that our society has evolved over the years and that prenuptial agreements might actually promote the institution of marriage in circumstances where people might not otherwise enter into the risk that comes inherent with marriage without the capability to safeguard their personal assets. As a result of this more modern view, prenuptial agreements are valid and enforceable as long as certain standards of fairness are met.

The concept of a person entering into a second or third marriage during his or her lifetime has become a very prevalent reality in these modern times. People who have been married before have a greater tendency to have acquired considerably more assets in their lifetime than those entering into a first marriage.  It is also highly probable that someone who has been married before will have had children during his or her prior marriage. Both of these facts of life lend support towards the idea that it makes good sense for a person in this situation to execute a prenuptial agreement before entering into a new marriage. 

A prenuptial agreement allows both parties involved to maintain control over their individually owned assets and property which they are bringing into the marriage. A person with substantial personal assets who is engaged to be married might be concerned about providing for his or her children from a prior marriage. Maybe the engaged parties have never been married before but they are just interested in keeping their own individual premarital property separate from any future acquired marital property. The inheritance rights that would otherwise attach to a spouse by operation of law can be redirected according to an individual's personal wishes and desires by drafting a prenuptial agreement prior to the impending marriage. A prenuptial agreement is a valid and common way for people to maintain ultimate control over the disposition of their property the way they see fit, without the rules of law deciding for them, no matter what the outcome of the marriage may be.

Life has a way of presenting people with difficult times that they never anticipated would happen to them. While marriage is presumably entered into with the utmost optimism, the protection that a prenuptial agreement could provide might prove priceless in the event of an unexpected divorce or death.
Last Updated ( Monday, 28 April 2014 15:29 )

Latest Michigan Divorce Blog