Pre / Post Nuptial Agreements
A prenuptial agreement is a contract between two people contemplating marriage that determines their property rights in the event of death or divorce. Typically these agreements focus on property owned by the wealthier of the two spouses. Postnuptial agreements are similar but are made after the marriage.
For a prenuptial or post-nuptial agreement to be valid, it has to be executed by two consenting adults who have been fully informed about the ramifications of the agreement. Each party has an interest in seeking the advice of an independent and competent attorney prior to signing the agreement. In drafting these documents, it is very important to get it right the first time, as a poorly drafted document can lead to negative consequences such as a financial loss for one of the parties, an inheritance loss by the children, or the thwarting of the parties’ real intentions.
There are several factors that can result in an agreement being invalid:
- Failure to draft the document correctly
- Failure to adequately provide for a spouse
- Failure to fully disclose assets
- Failure to have each party represented by independent counsel
It is important to remember that circumstances and situations change. The marital agreement should be drafted so that it takes into account the length of the marriage, or it may need to be revised periodically.
At Paul J. Tafelski, P.C., we have helped clients throughout the state of Michigan, including Oakland County, Troy, Novi, Royal Oak, Bloomfield Hills, Rochester Hills, Farmington Hills, West Bloomfield and Birmingham with their prenuptial and post nuptial agreements. We know what is right and wrong and will help you draft an agreement that is fair for both parties.
If you are contemplating marriage or are already married and have questions about drafting a marital agreement, contact our office today. We have helped family law clients in Oakland County, Troy, Novi, Royal Oak, Bloomfield Hills, Rochester Hills, Farmington Hills, West Bloomfield and Birmingham.
Paul J. Tafelski, P.C.
2525 S. Telegraph Rd. Suite 100
Bloomfield Hills, Michigan 48302
Phone: (248) 451-2200