Can one attorney represent both members of a couple in a prenuptial or postnuptial agreement?

Generally, no. Similar to a divorce, the parties have inherently conflicting legal rights and interests. One lawyer cannot ethically be an advocate for both parties and simultaneously represent one against the other. Each party is encouraged to have independent legal counsel to ensure fairness and avoid conflicts of interest. If one party chooses not to have legal counsel, they may do so, as long as it’s clear the lawyer representing the other party and drafting the agreement only represents the interests of that party.

What is the difference between a prenuptial and a postnuptial agreement?

Both outline how assets and responsibilities will be handled, but timing and legal considerations differ.

  • A prenuptial agreement is created before marriage. The act of getting married is the “consideration” (value) each member of the couple gives the other in exchange for giving up certain property rights in the event the marriage ends, either in divorce or by death. Therefore, a prenuptial agreement must be completed and signed before the date of the marriage.
  • A postnuptial agreement is created after marriage. Because marriage has already occurred, the “consideration” (value) must be something with monetary value each member of the couple gives the other in exchange for giving up property rights at divorce or death. A postnuptial agreement will not be enforceable if made in anticipation of divorce.

How long does it take to get divorced in Michigan?

The timeline depends on whether you have minor children:

  • Without minor children: There is a mandatory 60-day minimum waiting period from filing to final judgment. Uncontested cases may resolve shortly after that, while contested cases can take a year or longer.
  • With minor children: There is a mandatory 6-month waiting period. In some limited cases, this may be reduced for compelling reasons, but the 60-day minimum can never be waived.

All divorces require a court hearing before they are finalized.