A prenuptial agreement (commonly referred to as a prenup) and a postnuptial agreement (or postnup) serve as legal contracts that outline the division of assets and responsibilities in the event of divorce or death.

Christopher Drouillard, a seasoned divorce attorney with over 30 years of experience in Grosse Pointe, Michigan, specializes in drafting, defending, and challenging these agreements to protect his clients’ interests and ensure enforceability under Michigan law.

Understanding Prenuptial and Postnuptial Agreements

Prenuptial Agreement

This contract is executed before marriage and typically addresses how marital assets and debts will be divided if the marriage ends in divorce or due to the death of a spouse. Prenups are often used when one party enters the marriage with significantly more assets or when there are complex financial situations involved.

Postnuptial Agreement

Unlike prenups, which are signed before marriage, postnuptial agreements are entered into after marriage. They serve a similar purpose, outlining the division of assets and addressing financial matters in the event of divorce or separation. Postnups can also be used to clarify financial responsibilities during marriage.

Enforceability and Requirements

Under Michigan law, both prenuptial and postnuptial agreements are enforceable if certain conditions are met:

 Voluntary Agreement

Both parties must enter into the agreement voluntarily and without coercion or duress.

Full Disclosure

There must be full and fair disclosure of all assets, debts, and financial obligations by both parties.

Fair and Reasonable

The terms of the agreement must be fair and reasonable at the time of signing and should not be unconscionable.

No Changes in Circumstances

The circumstances since signing the agreement should not have changed significantly to render enforcement unfair.

Common Uses and Considerations

Prenuptial and postnuptial agreements are commonly used in various scenarios, including:

Protecting Assets

When one spouse has substantial assets or business interests that they wish to protect in the event of divorce.

Second Marriages

Particularly when one or both parties have children from previous marriages and want to clarify inheritance and financial responsibilities.

Debt Protection

Clarifying responsibility for debts acquired during the marriage.

Spousal Support

Specifying terms for spousal support (alimony) in the event of divorce.

Christopher Drouillard’s Expertise

Christopher Drouillard brings extensive experience in drafting, defending, and challenging prenuptial and postnuptial agreements. He advises clients on the legal implications of these agreements, ensuring that their rights are protected and their interests are safeguarded. Christopher’s proactive approach involves meticulous attention to detail in drafting agreements that withstand legal scrutiny and effectively achieve his clients’ objectives.

Legal Guidance and Consultation

If you are considering a prenuptial or postnuptial agreement in Grosse Pointe, Michigan, Christopher Drouillard offers confidential consultations to discuss your situation. He provides personalized legal guidance tailored to your specific needs, explaining the implications of these agreements and ensuring your rights are fully protected.

Why Choose Christopher Drouillard?

Clients trust Christopher Drouillard for his comprehensive knowledge of Michigan family law and his commitment to delivering favorable outcomes in complex legal matters. Whether drafting agreements, negotiating terms, or litigating disputes, Christopher’s dedication to his clients’ interests sets him apart as a trusted advocate in family law.

Contact Christopher Drouillard today at (734) 422-2000 to schedule a consultation at his office located at 722 Notre Dame Street. Take proactive steps to protect your assets and secure your future with expert legal guidance from Christopher Drouillard.