Michigan Prenuptial Agreement Form

Western society approved the creation of premarital contracts decades ago. Even if your relationship is happy and long-lasting, filling out the Michigan Prenuptial Agreement Form is never a bad idea. According to recent statistics, almost a half of marriages end up in divorce, and having secured yourself from fighting with your partner seems a wise decision.

In this article, you will get acquainted with the provisions usually included in the free prenuptial template, the conditions upon which your prenup may be rendered invalid, and signing requirements.

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Two people wishing to enter a legal relationship believe in their future happiness. However, you never know whether your partner is trustworthy enough. To prevent yourself from ending up in a situation where the opposing party has hidden important financial data or failed to provide true and correct information about their debts and loans, consult a legal professional or hire an attorney. A specialist will do their best to verify the presented documentation, review the terms and conditions you intend to agree with, and protect you from getting into trouble.

If you opt to create the paper without professional assistance, ensure you study §566.132, Sec. 2(1)(c) before signing the prenup.

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Michigan Prenup Laws and Requirements

Signing Requirements

Several states of the US do not consider a prenup effective unless it is witnessed and notarized. In Michigan, it is enough for both parties to willfully and voluntarily append their signatures.

Enforceability

As indicated in § 557.28, the document is enforceable upon marriage if presented in writing and is signed by both spouses. However, the court may not consider your prenup valid if you have not attached a complete financial disclosure.

Court Refusal

The court normally welcomes a couple’s intention to discuss controversial money-related issues before legitimizing their relationship. The most important factors here remain transparency and honesty. Your contract will be invalidated if:

  • One party happens to defraud or deceit the other
  • One of the spouses has signed the prenup under coercion
  • One of the spouses is considered mentally incompetent
  • The provisions established in the contract are evaluated as extremely unfair

What Prenups Can Cover

You will find all finance-related issues described in the Michigan Prenuptial Agreement Form. The most common provisions are:

  • Marital and separate property division
  • Alimony
  • Life insurance
  • Joint or separate retirement accounts
  • The inheritance of children from previous marriages
  • Whether the business one party (or both spouses) own should be divided or sold in the event of divorce
  • And other things the couple considers worth mentioning

A prenup does not contain information about custody and child support. No one knows what the situation will be like with time, and if the couple ends up separating or divorcing, the court will analyze all circumstances at that time, not in advance. To provide a minor child with the best conditions, the judge will see whether there has been domestic violence in the family, who the child wishes to stay with, both parents’ assets, educational needs, their job positions, and so on.

Property Type

Michigan is an equitable distribution state, which implies that the marital property is supposed to be divided equally but fairly after considering each case’s details. If a couple has an alternative view on how their real estate and personal possessions have to be divided, indicate that in the prenup.

Published: Feb 25, 2021