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Your Michigan prenup: What can it cover, and will it be enforceable?

On Behalf of | Sep 29, 2020 | Family Law |

Some media pieces and commentary spotlighting prenuptial agreements spend significant time addressing the historical journey they have made from a checkered past to current respectability.

It is admittedly the case that prenups were once skewered by a sizable percentage of Americans, a perception we note at the proven Bloomfield Hills family law firm of Hauer & Snover. We stressed in a May 30 blog post a formerly prevalent view that a marital contract “dooms romance and an otherwise successful marriage from the outset.”

That viewpoint now largely comprises a past-tense mindset. One in-depth online overview of prenup parameters and enforceability cites a recent poll indicating broad-based public acceptances of – and even enthusiastic support for – marital contracts.

Given such acceptance, relevant prenup-linked questions these days often center on concerns regarding qualifying subject matter and assurances that a prenuptial contract will be enforced if/when it takes center stage in a legal matter.

What topics can a Michigan prenuptial agreement address?

In a word, “lots.” Aside from subject matter barred by law (e.g., child custody determinations or encouragement of an illegal act), a prenup provides for liberal inclusion of broad-based topics. Those can range from property division and family business outcomes to the handling of debt, alimony and many additional matters.

What needs to be considered regarding enforceability?

Transparency (full disclosure) and fundamental fairness should come to mind. A prenup must be a voluntarily negotiated and executed instrument and it must conform with state laws concerning drafting and other formalities.

An experienced family law legal team can provide further information.