Legal Question in Family Law in Michigan
prenuptial agreement
I intend to ask my future spouse to sign a prenup. He has had issues in the past with 'keeping himself to himself'' and insists in paying his ex child support under the table. I want to make sure that I and my son will be protected should he decide to do something that causes me to leave him. Can I ask for anything that I want and get it if he agrees to sign the document?
2 Answers from Attorneys
Re: prenuptial agreement
That's not a good idea to put "anything" in it, because most of the agreement wouldn't hold up in court, and you stand a chance that it would be thrown out in its entirety. A prenup cannot specify child support - that is only determined by the court using the Child Support Guidelines. I would suggest you use a form prenup, and make it a reasonable one, so that it has a high chance of being held up, should something happen. If you have specific questions about how much it should provide for, etc., you should consult a lawyer who can draft the appropriate agreement for you.
Keep in mind that courts do not award alimony to spouses nearly as much as they did 30 years ago (and rarely), so having some kind of payment provision in your prenup would make up for the court's lack of ordering alimony.
Good luck and thanks.
Re: prenuptial agreement
[lawabby]**You KNOW this guy is dishonest. You have a child,-what are you thinking??**[/lawabby]
A pre-nup is a piece of paper designed to allocate assets based on an agreement that certain assets belong to one side or another whether acquired during the marriage or not. A pre-nup is NOT a shield against fundamental dishonesty.
[lawabby]If you marry this guy, please don't ask for advice on how to get out of it when he betrays you and your son too. [/lawabby]
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