Prenuptial Agreements
California and Michigan both have unique laws when it comes to premarital contracts, but for the most part they both use the 1983 Uniform Premarital Agreement Act (UPAA) as a foundation for enforcement. Overall this law protects the rights of children (child support and custody), and agreements can include terms agreed upon by both parties for current and future assets. You and your future spouse have assets as individuals prior to coming together. There may be some that either of you want to protect.
Let us guide you both through a fair and positive process.
California
Since 2002, there are amendments specific to the Golden State.
For example, but not limited to that both parties should share full financial information, be represented by their own attorneys (unless waiving the right, and receiving a detailed written explanation of the effect of the agreement) and have had at minimum seven days between getting the agreement and executing it. These may be difficult conversations today, but they are exponentially easier now than once the unexpected happens in the future.
Michigan
Agreements can dictate terms for anything not prohibited by law.
This means they cannot cover child custody and include terms that encourage ending the marriage. The focus of judgements is put on maintaining a fair and equitable decision based on the circumstances. Property, assets, business ownership, retirement, alimony, support, insurance and other investments can all be part of the process so long that circumstances have not changed to the point that enforcement would be grossly unfair. This includes situations for spouses who are permanently disabled by accidents or illness. These cases and causes for void are not typical. The important part is to put important time and thought into what is best for your situation. All couples are unique. Let us know if you have any questions.
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The Tenacious
Law Firm
CMC attorneys have divorce, modifications, custody, prenuptial agreements, estate, corporate and venture capital experience. At the core of our principles we believe it’s important to protect, love and guide people.
