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Brighton | General Practice Law Firm
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Pre & Postnuptial Agreement Lawyers
"Andy has been an incredible asset. He always has a complete and thorough answer to any questions my wife and I have had. His knowledge has given us the confidence that our interests are protected." — Jason (Google - 5 Stars)
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Experienced Prenuptial & Postnuptial Agreement Attorneys Serving Brighton, MI 

A prenuptial or postnuptial agreement is one of the most practical legal steps a couple can take to protect themselves and each other. At Gerkin & Decker, our prenup attorneys help couples in Brighton, MI, and the surrounding communities understand their options and draft legally enforceable marital agreements tailored to their specific situation.

A prenuptial agreement — commonly called a prenup — is a premarital agreement and a legal contract signed before marriage that defines how assets, debts, and financial matters will be handled during the marriage and in the event of divorce or death. A postnuptial agreement in Brighton, MI, or postnup, serves the same purpose but is signed after the wedding. Both are powerful tools for protecting your financial future.

We understand that discussing a prenup or postnup can feel uncomfortable. Our role is to make the process clear, respectful, and focused on what matters most to you and your partner. Whether you are planning before the wedding or looking to establish legal clarity after getting married, we are here to guide you every step of the way.

Learn more about our family law services or contact us today to schedule a confidential consultation.

Marital Agreements We Handle

Every couple's financial situation is unique. Our prenuptial agreement lawyers and postnuptial agreement lawyers take time to understand your circumstances and draft agreements that are fair, legally sound, and built to hold up if needed.

We handle the following types of marital agreements:

Prenuptial Agreements (Prenups)

A prenuptial agreement is drafted and signed before marriage. It outlines how assets, debts, and financial responsibilities will be handled during the marriage and in the event of divorce. Prenups can also include lifestyle clauses regarding infidelity or pets. If you are asking how to get a prenup, the process begins with a consultation — our prenup attorneys will walk you through every step, from financial disclosure to final signing.

Postnuptial Agreements (Postnups)

A postnuptial agreement is created after a couple is already married. Postnuptial agreements can address changes in financial circumstances, protect assets acquired during the marriage, or provide legal clarity that was not established before the wedding.

Agreements Involving Business Ownership

When one or both spouses own a business, a prenup or postnup can protect the business from being treated as shared marital property. Our attorneys help business owners structure agreements that safeguard their company while remaining fair to both parties.

High-Asset, Separate Property, and Complex Estate Situations

For couples with significant assets, inheritances, or blended family considerations, we draft agreements that address the full scope of financial interests with precision and care.



What to Expect From the Agreement Process

Many couples worry that discussing a prenup will feel adversarial. In practice, the process is highly collaborative. When you work with our Brighton family law firm, you can expect a structured, step-by-step approach:

Working with a child custody lawyer can help you:

  1. Initial Strategy Session: We meet to discuss your financial landscape, your long-term goals, and any specific concerns
  2. Full Financial Disclosure: Both parties compile and exchange complete financial portfolios (assets, debts, and income).
  3. Drafting & Customization: We draft a custom agreement aligned with Michigan family law standards in the event the marriage ends.
  4. Review & Independent Counsel: Both parties review the draft with independent legal representation to ensure fairness and voluntariness in the event of a divorce.
  5. Execution: The final document is signed well ahead of the wedding date to eliminate any claims of duress and set expectations for both parties.

For a prenuptial agreement in Brighton, MI, to be enforceable, both parties, not just one party, should have independent legal representation. The agreement must also be signed voluntarily, and there must be full financial disclosure from both sides.

If you are on the fence about the process, our prenup attorneys guide clients through the requirements. We will make sure the agreement holds up if it is ever challenged.


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Breaking Down Michigan Prenup & Postnup Laws

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Understanding the legal framework behind a prenuptial agreement or postnuptial agreement helps you make informed decisions. Michigan law governs what these agreements can and cannot include, and courts examine specific factors when determining their enforceability. The state also follows equitable distribution rules rather than community property laws.

Remember, because nine U.S. states have community property laws, prenups may work differently in other states than they do under Michigan law.

Here is what Michigan marital agreement law covers:

  • Voluntary Execution: The prenup or postnup must be signed freely by both parties, without pressure, coercion, or unfair influence. Courts closely scrutinize agreements signed close to a wedding date or under duress.
  • Full Financial Disclosure: Both parties must fully and honestly disclose their assets, debts, income, and financial obligations. Failure to disclose can render a prenuptial or postnuptial agreement unenforceable.
  • Asset and Debt Allocation: Prenups and postnups can address how specific assets and debts will be classified and divided, covering property owned before and during the marriage, inheritance rights, and debt responsibility.
  • Spousal Support Provisions: A prenuptial agreement can establish or waive spousal support, subject to Michigan law limitations. Provisions that would leave one spouse without adequate financial resources may be subject to court review.
  • Limitations on Child Custody and Support: Michigan courts will not enforce prenup or postnup provisions that attempt to predetermine child custody or child support. These matters are always decided at the time of any future proceedings based on the best interests of the child.

Knowing what Michigan courts look for helps you approach the prenup or postnup process with realistic expectations. Our prenuptial agreement lawyers ensure your agreement is thorough, fair, and built on a legally sound foundation.

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What Does a Prenup or Postnup Do? Legal Rights, Key Benefits of Prenuptial Agreements & Postnuptial Agreements

Many couples avoid the prenup conversation out of discomfort, but understanding what a prenup does can change that perspective. A prenuptial agreement is not about anticipating failure — it is about building a secure financial foundation together. Here is what a well-drafted prenup or postnup accomplishes:

Asset Protection

A prenup clearly defines which assets remain separate property and which become shared marital property, reducing the potential for disputes down the road.

Debt Protection

A prenuptial or postnuptial agreement specifies responsibility for existing and future debts, protecting each party from the other's financial liabilities.

Business Continuity

For business owners, a prenup can prevent the business from becoming entangled in marital property division, protecting employees, partners, and operations.

Estate and Inheritance Clarity

A prenup or postnup protects the interests of children from prior relationships and ensures specific assets pass as intended under your estate plan.

Reduced Conflict

By establishing clear expectations now, a prenuptial agreement reduces the potential for costly and emotionally draining disputes in the future, even if divorce never occurs.



Other Family Law & Legal Cases We Handle

We understand that legal needs extend beyond prenups and postnups. Our attorneys are ready to serve as long-term partners for your family, whether you need a divorce lawyer, a family divorce lawyer near me, or attorneys for divorce and custody matters.

Family Law

We handle divorce, custody, and support matters with steady guidance and practical legal solutions.

Estate Planning

We create a clear plan for your assets and future decisions with legally sound estate tools.

Probate & Trust

We simplify probate and trust administration while protecting your interests at each step.

Business Law

Our attorneys assist with forming entities, drafting agreements, and managing ongoing legal needs.

Real Estate Law

We manage real estate transactions, contract issues, and property disputes with direct legal support.

Civil Litigation

From contract claims to personal disputes, we develop focused strategies to resolve civil cases.

Personal Injury

We represent injury victims with clear guidance and a focus on fair, full compensation.


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Handling Prenups & Postnups with Empathy & Professionalism

"Honest, professional, and caring group of attorneys! They go the extra mile for their clients!" — Laura J. (Facebook)

"Andy has been an incredible asset. He always has a complete and thorough answer to any questions my wife and I have had. His knowledge has given us the confidence that our interests are protected. Highly recommended!" — Jason (Google - 5 Stars)

"I trusted Attorney Gerkin when I was facing legal difficulties. He walked me through each step of the process. I felt confident that Attorney Gerkin was working in my best interest to resolve my case." — Joseph B. (Google - 5 Stars)

"With Attorney Gerkin at my side, I felt at peace knowing that we had done our homework. I am happy to refer Andy to anyone I know. He not only helped me once, but twice, pertaining to personal legal matters." — Todd W.

Answering Michigan Prenuptial & Postnuptial Agreement FAQs

Common Questions About Prenups & Postnups in Michigan

What is a prenup?

A prenup — short for prenuptial agreement — is a legally binding contract signed by two people before they get married. It defines how assets, debts, property, and financial matters will be handled during the marriage and, if necessary, in the event of divorce or death.

How does a prenup work, and how do I get one?

Understanding how a prenup works starts with knowing that it is a voluntary contract — both parties must agree to the terms freely and without pressure, and each person should understand their legal rights before agreeing to any terms. Here is how to get a prenup: start by consulting with a prenuptial agreement lawyer or prenuptial agreement attorney who will review your financial situation, explain your options, and help you identify what the agreement should cover.

From there, your prenup attorney drafts the agreement, both sides review it with their own attorney to negotiate the terms, and both parties sign before the wedding to make sure they are on the same page.

When should I get a prenup?

The short answer: the sooner, the better — but it is never too late.

If you are engaged, the ideal time to start the prenup process is several months before your wedding date. This gives both of you enough time to think things through, have honest conversations, review the draft with your own attorneys, and sign without feeling rushed. An agreement signed right before the wedding — or under pressure — is far more likely to be challenged in court later.

A good rule of thumb: if you find yourself thinking about it, that is usually a sign it is worth having the conversation.

Can you get a prenup after marriage?

Yes — while you cannot technically get a prenuptial agreement after marriage, you can get a postnuptial agreement, or postnup, which serves the same essential purpose. A postnuptial agreement in Brighton, MI, is created after the wedding and can address asset protection, debt responsibility, spousal support, and financial expectations in the future.

Postnups also have no deadline. Couples pursue postnuptial agreements for all kinds of reasons and at all stages of marriage. Some do it shortly after the wedding when they realize they wish they had done a prenup. Others consider it after a major life change — starting a business, receiving an inheritance, having children, or simply reaching a point where they want more financial clarity between them.

What should I put in my prenup or postnup?

It depends on your situation. Every prenuptial or postnuptial agreement is different because every couple's finances, goals, and concerns are different. That said, some of the things people most commonly include the property you are bringing into the marriage, the debt you are bringing into the marriage, business interests, spousal support terms: Some couples use a prenup to agree in advance on whether spousal support would be paid — and if so, how much and for how long — in the event of divorce, inheritance and family assets, and how property acquired during the marriage will be handled.

Note that a prenup cannot include anything related to child custody or child support. Michigan courts will always decide those matters based on the best interests of the child at the time — no prenup can lock that in ahead of time.

How much does a prenup cost?

The cost of a prenuptial agreement varies depending on the complexity of the couple's financial situation, whether both parties have significant or varied assets, and how much negotiation is involved. Simple agreements with straightforward finances tend to cost less, while prenups involving business ownership, large estates, or complex property arrangements require more time and legal work.

At Gerkin & Decker, we are transparent about our attorney fees from the start. We see ourselves as true partners with our clients, committed to providing exceptional legal services while being mindful of costs.

Can a prenuptial or postnuptial agreement be modified or enforced in Michigan?

Yes on both counts. Prenuptial agreements are enforceable in Michigan when they meet specific legal requirements: both parties must enter voluntarily, provide full financial disclosure, and the terms must not be unconscionable. Courts also consider whether both parties had adequate time to review the agreement and access to independent legal counsel.

Prenuptial and postnuptial agreements can also generally be amended or revoked after marriage if both parties agree in writing. Life circumstances change — income shifts, families grow, and financial priorities evolve.

Is a prenuptial agreement only for wealthy couples?

Not at all. While prenuptial agreements are often associated with significant wealth, they provide value at every financial level. A prenup is especially useful when either partner has a business, carries existing debts, has children from a prior relationship, or wants to define clear financial expectations before entering a marriage.


Why Experience Matters When Choosing a Prenuptial Agreement Attorney

A prenuptial or postnuptial agreement is only as strong as the legal process behind it. Poorly drafted agreements — or those signed without proper procedure — can be challenged or thrown out when they matter most. That is why choosing the right prenuptial agreement lawyer makes all the difference.

At Gerkin & Decker, we do not take a one-size-fits-all approach. Whether you need a prenuptial agreement lawyer, a postnuptial agreement lawyer, or attorneys for divorce and family matters, our team takes the time to understand your goals, your concerns, and your financial picture before drafting any document.

We know Michigan marital agreement law — and how to build agreements that hold up.

Schedule a Legal Consultation with Proven Prenup and Postnup Lawyers in Brighton, MI

When you are ready to start the conversation, we are ready to listen. Gerkin & Decker brings real legal experience and a strong local presence to every family law matter we handle. Whether you are looking for a prenuptial agreement in Brighton, MI, a postnuptial agreement in Brighton, MI, or for other related matters, we serve couples across Brighton, Flint, and the surrounding communities.

Let's talk about what you are planning and how we can help. Call us at (810) 207-6553 or contact us online to schedule an initial consultation with prenup attorneys who put your interests first.


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To learn how Gerkin & Decker, P.C. can help you protect your future with a prenuptial or postnuptial agreement, call us at (810) 222-6424. You can speak directly to an attorney and understand your rights before you make a decision.

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When facing legal challenges, choose a law firm that truly understands the importance of community support. At Gerkin & Decker, our deep roots in Livingston County reflect our dedication to serving the hardworking people of our area. Whether you need assistance with civil issues, estate planning, probate, or business matters, we offer a practical and honest approach to every case. Experience personalized legal solutions with the integrity and dedication you deserve from a trusted local firm. Contact Gerkin & Decker today for clear guidance and reliable legal advice.

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Gerkin & Decker is your trusted local law firm. We strive to help clients achieve the best results when it comes to civil, personal, and professional legal matters.

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