Common sense suggests that it is important to ask the right questions before making the decision to divorce. One of those questions might involve Legal Separation. Legal Separation Agreements vary in scope and enforceability.
One type of Legal Separation Agreement is simply a private agreement between parties to live separately. There are no formal court filings or legal costs. Rather, the parties simply agree on how to live separately. Unfortunately, a private separation agreement is not likely enforceable if someone changes their mind.
A more formal (and enforceable) Legal Separation Agreement in Michigan is called a Separate Maintenance Agreement. A Separate Maintenance Agreement is similar to a divorce with the sole exception being the parties remain married. A party will file a Complaint for Separate Maintenance and negotiate the terms of the Legal Separation which are memorialized in a Judgment of Separate Maintenance.
Similarly, a Post-Nuptial Agreement is another formal (and enforceable) Legal Separation Agreement. You may be familiar with a Pre-Nuptial Agreement where parties negotiate their rights in case of divorce prior to marriage. A Post-Nuptial Agreement allows the parties to negotiate their rights in case of divorce during the marriage.
Deciding which Legal Separation Agreement is right for you can be complicated which is why we offer a free confidential consultation to discuss your options. You can also watch a video on the subject comparing the alternatives.
The Allard v. Allard issue: A recent decision from the Michigan Supreme Court, may impact the pre-nuptial and post-nuptial agreements. In simple terms, the court can still use its “equitable” powers in circumstances where a party is left with nothing in an agreement.
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I have been exclusively practicing divorce and family law in Michigan for over two decades. The attorneys at Findling Law all share the core value of practicing law to help people navigate change in their lives, without compromising principles. We specialize in high socio-economic, high-profile and high-conflict cases, while also working with clients of all backgrounds. We recognize that the most important aspect of the practice of law is the application of the law to your specific circumstances.That is why we provide more free information on divorce and family law than any other Michigan law firm. We want to help you manage your situation. Allow our exceptional legal team to help you navigate the change in your life, without compromising principles.
By: Daniel Findling