Legal Question in Family Law in Michigan
pre nuptial agreement
who needs to sign or witness a prenuptial agreement ? Is the agreement legal if the couple lives in Michigan and marries in South Carolina?
2 Answers from Attorneys
Re: pre nuptial agreement
Is the couple going to be living in South Carolina or Michigan? To ensure that the prenuptial agreement complies with the laws of the state you are in, you should have an agreement drafted pursuant to the laws of the state you reside in. It shouldn't matter what state you marry in. It matters what state the property subject to the agreement is in, so if you live in Michigan, you'd want an agreement based on Michigan law. If you were going to live in South Carolina you would want it to comply with South Carolina law.
Hope that helps!
Re: pre nuptial agreement
Both parties to the agreement need to sign the contract, and it should be witnessed by 1 or 2 persons in case there are any disputes regarding the parties' signatures. The contract should be drafted and comply with the laws of the state where the parties reside.