What has become increasingly common in light of changed circumstances are postnuptial agreements made during a marriage. Postnuptial agreements are legal contracts similar to a prenuptial or premarital agreement, but are entered into after the couple is already married. The agreement sets out how property, as well as financial assets, would be divided in the event that the marriage fails and the couple separates. While this is not something most couples want to consider while happily married, it can provide for a much less stressful and time consuming separation, which can quickly become emotionally charged.
Most postnuptial agreements are entered after a divorce action has been filed and reflects a negotiated agreement as consideration for reconciliation. These agreements are sometimes created in the event a party is unfaithful and one spouse now feels they are entitled to a better settlement as a result, and is seeking a legal document that they continued to have later enforced in the event of a divorce.
Like a prenuptial agreement, it is recommended that each side consult separate attorneys prior to signing the document. If you do not understand the document, consult your attorney to explain what certain provisions mean and the consequences that may result.
In Michigan, the court will look at these agreements with great scrutiny because it is against public policy for any contract to encourage separation or divorce. However, the courts will generally enforce postnuptial agreements that were entered into by spouses who either are already separated and entering Reconciliation. Postnuptial cases must be assessed on a case by case basis in order to determine their validity.
If you seek to enforce your postnuptial agreement, would like to discuss your options in creating an agreement, or have questions regarding prenuptial agreements, contact the offices of
Michael A. Robbins at (248) 646 – 7980 to receive a consultation regarding your case.