Legal Question in Family Law in Michigan
Pre-Nups
My fiance started a side job business that he did part time while working another job. When we got engaged I moved in with him...he lost his job and is now starting to make this business his full time job. He wants me to sign a pre nup saying that I have no right to this business or its investments if we should ever one day get divorced ( he has been divorced once already.) He claims that what is his before the marriage and what is mine before the marriage should be that way if we end the marriage. He works out of the house and he works all day and most of the evenings when we are home as a family (we both have a child that lives with us.)
My question is because this business is in its infancy stage if I signed a pre nup stating it belongs to him would it hold up in court or because it being so new and we live together would it be considered that we have made this venture together?
3 Answers from Attorneys
Re: Pre-Nups
Greetings; You ask if the agreement that YOU sign and agree to would be held invalid. In other words, you are willing to deceive him and knowingly sign an agreement that you would know is invalid. I think the two of you have far deeper issues that are in need of serious pre-marital counseling than the validity of a pre-nup. And yes, this is a tough-love answer. I wish you luck. Atty. Trichler; www.trichler.com
Re: Pre-Nups
So long as the pre-nup ("antenuptial agreement") is executed prior to the marriage and the assets (and liabilities) related to that business are fully disclosed, the agreement would be binding in Michigan. Now, if the business becomes supported, in part, by marital assets - which I would argue include any work performed by you (answering the phone, taking notes, helping unload, or any of the thousands of things that you will end up doing), the growth in that business would accrue both to your benefit as well as his.
The longer someone is married, usually but not always, the less the pre-nup will mean in terms of division of assets.
Pre-nups are really only effective, in most cases, where there is complete separateness between your assets that you acquired prior to the marriage, and his. Where those assets are merged, the pre-nup might not mean much.
Good luck,
Tom Weiss
Mt. Pleasant
Re: Pre-Nups
hello, I have reviewed your e-mail regarding the pre-nuptial agreement question.. You would definitely have a claim for a share of the value of your fiance/husband's business. The increase in value during the marriage is a "marital asset." You are entitled to a portion of it. Feel free to call my associate, Karen Crusse, for assistance if you desire. John C. Talpos (248) 743-6800 Talpos & Arnold (http://www.Mich-Lawyer.com)
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