In most countries, until the 1980s, marital agreements were considered to be contrary to public policy and were not valid insofar as they related to divorce or separation. They were considered against public order because they were thought to favour divorce and allowed the husband to thwart his legal obligation to help his wife. Prior to this period, they were valid insofar as they concerned the death of a spouse. Pre-marriage and post-marriage agreements are often defamed and receive very bad rap. The reality is that they are simply misunderstood. It is a wonderful way to protect each other from making decisions in the future against anger and resentment. If you`re madly in love, the last thing you want to think about is what would happen if it dyed. The flip side of this medal is that if you plan possible scenarios in the future, everyone is protected who can offer tranquility. People and emotions naturally change over time. If you and your spouse can evolve in the same way or work together to create a happy media, you will never need to implement your prenup or postnup. Just like buying homeowner`s insurance to protect you financially if your home burns, you hope you`ll never need it. Measures taken to limit an unjustified result include (1) the signing of the marriage agreement well before marriage; (2) the guarantee that both parties are represented independently by a lawyer; 3) full disclosure of the assets and commitments of any potential spouse under deontage plans related to the marriage agreement executed.
In addition, The Michigan courts will apply marital agreements if they meet the following conditions, so it is important for couples who are thinking about marriage to find ways to clearly communicate their desires regarding their wealth and income before marriage. Marital agreements are often invalidated when they are performed too close to the marriage ceremony, so communication is key. A recent study in 2013 showed that only about 3% of married or engaged couples entered into a marriage pact.