Legal Question in Family Law in Michigan
Notarized document
My parents are getting divorced & own a restaurant. The store is in my mom's name but my dad's parent's paid a lot of it. My mom will has told my dad she will let him keep hios job, salary & percentage of ''bottom line''. My dad wants her to get a document notarized stating that she will do all of that and my mom is ok with that but we want to know if there is a special format that should be done in, and if it will still be valid after the divorce. The are not fighting or anything my dad will get little, he just wants to remain part of the business, and my mom is ok with that but he wants to be on the safe side. Any help with this would be appreciated.
3 Answers from Attorneys
Re: Notarized document
With all due respect, your questions display a great deal of naivete. Unless your parents would attempt to perform their own brain surgery I suggest that they both consult reputable attorneys. John C. Talpos (http://www.Mich-Lawyer.com)
Re: Notarized document
The notarized document you discuss does not sound like a good idea to me, and "no", there is no special format other than the notary affidavit requirments. It is beyond the scope of this site to provide sample legal documents and it would be irresponsible for an attorney to do so given the limited facts provided. Property settlements in a divorce belong in a divorce judgment. Both of your parents need to consult with their own attorney to come up with a fair and well thought out settlement. The courts favor an equitable distribution of property. In this early phase of the breakup of her marriage, your mother may be agreeing to something that she will regret later, but without a lot more information, I cannot tell you what an equitable distribution of property might be. I believe it is inherently unfair for your father to try to rush your mother into committing to this type of arrangement, and I do not see anything good resulting from this proposed rushed arrangement. Couples who are divorcing need an experienced attorney to help them along the way as this is a very emotional and difficult time for them. Bottom line, forget the notarized document and tell your parents to make an appointment with an experienced family lawyer. This is not the place to be pinching pennies.
Good luck to you and your parents.
Re: Notarized document
There are agreements that can be made between your mother and father to address both divorce and employment issues. Any agreement entered into in contemplation of settlement of the divorce can be incorporated into the divorce judgment. An employment agreement can also be entered into that can address issues not covered in the divorce. For more info, please contact my office at (248)851-3171.
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