Legal Question in Family Law in Michigan

Prenup

My fiance' has two daughters in there late teens. He is requesting me to sign a prenup that gives them everything in case of his death or divorce. I am unhappy with this perposal what is a fair solution/ prenup agreement in this case?


Asked on 12/25/08, 11:57 pm

2 Answers from Attorneys

Lesley Hoenig Lesley A. Hoenig, Attorney at Law

Re: Prenup

You should do a couple things:

1. Take the prenup to an attorney (not his) to review the prenup so that you can determine what in the agreement is fair and what isn't.

2. Find out why he wants such an agreement? Is there a divorce agreement that requires him to leave everything to his kids?

On a side note, while I think that could be enforceable in a divorce setting, I do not think he can force you to forego your right to a forced share of his estate if he dies. It sounds to me he wants to make sure his kids are provided for if something happens, it might be possible to suggest a compromise, and you really should see an attorney that works with a lot of prenups to make sure that whatever alternative you suggest would actually be fair to you.

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Answered on 12/26/08, 1:27 pm
Audra Arndt Audra A. Arndt & Associates, PLLC

Re: Prenup

You need to meet with a family law lawyer to have them review the prenup, find out more facts about your situation, such as his assets, etc., and have you explain why you think he is doing this - whether it is because he is simply looking out for his daughters or if there is another reason. And, perhaps you should create your own prenup too. There are multiple issues here that are best resolved by meeting with a lawyer to discuss the contents of the prenup and your legal options.

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Answered on 12/27/08, 5:27 pm


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