Do we restate the information from the post nuptial in the separate maintenance agreement?
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Answer:
The State of Michigan we do not have anything that is specifically called a legal separation where you file a paper and you are immediately legally separated, nor are you required to be separated to file for a Michigan divorce. There is no specific Michigan law regarding separation. However an action for separate maintenance can be pursued in Michigan. A "Separate Maintenance" action is basically what most people think of when they mean a legal separation in Michigan. The procedure for obtaining a Judgment of Separate Maintenance in Michigan is practically the same as the procedure for a divorce, but when a Judgment of Separate Maintenance is entered you are divorced from everything except the bounds of matrimony. You cannot remarry if you have a Judgment of Separate Maintenance in Michigan. If you receive a Judgment of Separate Maintenance in Michigan and then later decide you do want a divorce, you will generally need to start a new case.
A postnuptial agreement is a written contract created by two people after they are married. The agreement typically lists all of the couple's property, including assets, liabilities, income and expectations of gifts and inheritances, as well as their post-marital debts. A postnuptial agreement specifies how post-marital property, as well as the appreciation, gains, income, rentals, dividends and proceeds of such property, should be distributed in the event of death, separation or divorce. It will generally be upheld by the court if it was entered into knowingly, freely, and fairly. It may be invalidated if dishonesty, fraud, coercion, or duress is involved. The spouses should disclose their assets and debts in writing and have the opportunity to consult an independent attorney.