Confidential

Motion for Summary Disposition [Based on prenuptial agreement.]

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This is a summary disposition motion we filed in a DO divorce matter in the Oakland County Circuit Court's Family Court Division. Shortly after filing the motion, opposing counsel, who had been uncooperative prior to the filing of the dispositive motion, and who had unsuccessfully sought $7500 in attorney fees early in the case, contacted our firm to negotiate a settlement.

The couple had only been married for two years. Our law firm represented Husband prior to his marriage; we drafted a prenuptial agreement protecting Husband's sizable estate of over $7 million.

This motion and the memorandum of law in support set out all the relevant prenuptial agreement law and applies this law to the fact situation presented here. Some of the more compelling factors were the Wife's attempt to plead baseless facts to avoid application of the prenuptial agreement; the short duration of this marriage; the disparity in wealth between the two parties; and the fact that both parties were represented by counsel in the previously executed prenuptial agreement.

If you are contemplating a second, or even a first marriage, and you have a significant estate, you need a prenuptial agreement. This document, if done properly, will protect you in the event of a divorce. Generally, family court judges uphold these agreements.

In our case, we will never know because as soon as we filed this motion, the other side began to cave in. Defendant-Wife's settlement demand went from over a million, down to six figures. We ended up settling in the mid-five figures, basically as a gift.

Therefore, it pays to be vigilant and proactive with good legal counsel.

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Published In: Family Law Updates

Reference Info:Legal Memoranda: Motions for Summary Judgment/Adjudication | State, 6th Circuit, Michigan | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Timothy Flynn, Clarkston Legal | Attorney Advertising

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