Prenuptial Agreements in Michigan: What You Need to Know
A prenuptial agreement in Michigan is a legally binding contract signed by two people before they marry that defines how assets, debts, and financial matters will be handled if the marriage ends in divorce or death. It is not a prediction that a marriage will fail. It is a practical tool that protects both parties and prevents costly disputes down the road.
Michigan recognizes prenuptial agreements under the Antenuptial Agreements Act (MCL 557.28). If your agreement meets the state's legal requirements, a Michigan court will uphold it. If it does not, the court may set it aside entirely, which is why how you draft it matters just as much as what it says.
What a Prenuptial Agreement Can Cover in Michigan
Michigan law gives couples significant flexibility in what a prenup can address. Well-drafted agreements commonly include:
Separate property. Assets you owned before the marriage, including real estate, investments, savings accounts, and a business, can be designated as separate property that stays yours if you divorce.
Inherited assets. If you expect to receive an inheritance, or have already received one, a prenup can protect those assets from being treated as marital property.
Debt allocation. If one or both spouses bring significant debt into the marriage, such as student loans or business liabilities, a prenup can establish who is responsible for what.
Spousal support. You can agree in advance to waive spousal support, cap it, or define the terms under which it would be paid. Michigan courts will generally enforce these provisions when the agreement was entered into fairly.
Business interests. If you own a business or professional practice, a prenup can help ensure it is not subject to division as marital property.
Property rights at death. Prenuptial agreements can work alongside estate planning documents to clarify what a surviving spouse is entitled to receive.
What a Prenuptial Agreement Cannot Cover in Michigan
This is where many couples, and some online resources, get it wrong.
A Michigan prenuptial agreement cannot determine child custody or child support. These provisions are not enforceable. Michigan courts retain authority over all matters involving children, and decisions about custody and support are based on the best interests of the child at the time of divorce, not on what two people agreed to before they were married.
If you and your spouse include child-related provisions in your prenup, a court will disregard them. They will not invalidate the rest of the agreement, but they will not be honored.
A prenup also cannot include anything that violates Michigan law or public policy, such as provisions that would incentivize divorce or waive a spouse's rights in a way a court finds unconscionable.
Requirements for a Valid Prenuptial Agreement in Michigan
For a prenuptial agreement to be enforceable in Michigan, it must meet specific legal requirements:
It must be in writing. Verbal agreements are not valid under Michigan law.
Both parties must sign it. A traditional written signature is the safest approach.
It must be voluntary. Neither party can be pressured, coerced, or misled into signing. Courts look closely at whether both parties had adequate time to review the agreement and whether either was under duress at the time of signing.
Both parties should have had the opportunity to consult independent legal counsel. This is one of the most important factors courts consider when evaluating whether an agreement was entered into fairly. A prenup signed the night before a wedding, with no time for either party to seek legal advice, is far more vulnerable to being challenged.
Full financial disclosure is essential. If one party conceals or misrepresents assets when negotiating a prenup, that alone can be grounds to invalidate it. Both parties need an accurate picture of each other's financial situation before signing.
Common Reasons Michigan Couples Get Prenuptial Agreements
Prenuptial agreements are not just for the wealthy. Our attorneys regularly help clients who are:
Entering a second marriage and want to protect assets for children from a prior relationship
Business owners who need to shield a company or its equity from division
Individuals with significant inherited or family assets
Couples with a meaningful difference in debt, income, or net worth
Older adults with retirement accounts, real estate, or estate planning considerations
In each of these situations, a prenup provides clarity and protects both parties, not just the one with more assets.
How the Process Works
Most couples complete a prenuptial agreement within four to eight weeks, though the timeline depends on how complex the financial picture is and how quickly both parties can exchange information.
The general process looks like this: both parties disclose their assets and debts fully, each consults with their own attorney, a draft agreement is prepared and reviewed, revisions are made as needed, and both parties sign before a notary. The earlier you begin, the better. Starting at least 60 to 90 days before the wedding gives both parties time to negotiate without feeling rushed.
Signing a prenup under time pressure is one of the most common reasons agreements are later challenged in court. Give yourself room to do this properly.
Key Takeaways
A valid Michigan prenuptial agreement must be written, signed voluntarily, and accompanied by full financial disclosure from both parties.
Prenups can cover property, debt, spousal support, and business interests, but cannot legally address child custody or child support.
Independent legal representation for both parties significantly strengthens enforceability.
Starting the process 60 to 90 days before the wedding reduces the risk of a court finding the agreement was signed under duress.
Frequently Asked Questions
Do prenuptial agreements hold up in Michigan? Yes, when they are properly drafted. Michigan courts will enforce a prenuptial agreement that was entered into voluntarily, with full financial disclosure, and without undue pressure on either party. Agreements that lack these elements are vulnerable to being set aside. Working with an experienced family law attorney is the most reliable way to make sure yours will hold up.
How long before the wedding should a prenup be signed? We recommend completing the process at least 60 to 90 days before the wedding. Signing too close to the ceremony is one of the most common grounds for a later challenge. A court may question whether either party truly had time to review, negotiate, and freely consent.
How much does a prenuptial agreement cost in Michigan? Costs vary depending on the complexity of the financial situation and how much negotiation is involved. A straightforward agreement between two parties with relatively simple finances will cost less than one involving a business, multiple properties, or significant assets. The more important question is the cost of not having one, particularly if a marriage ends and the division of assets becomes contested.
Can a prenuptial agreement be challenged in Michigan? Yes. Common grounds for challenge include lack of voluntary consent, insufficient financial disclosure, signing under duress, or failure to give both parties time to consult independent counsel. A well-drafted agreement prepared by a family law attorney with both parties represented is significantly less likely to be successfully challenged.
If you are considering a prenuptial agreement in Livingston County, our family law attorneys can walk you through the process and make sure your agreement will hold up in a Michigan court. We offer free consultations and take the time to make sure you understand exactly what you are signing. Schedule a consultation today.
Harris & Literski has served Livingston County families since 1985. Our attorneys handle family law, divorce, estate planning, and more across Brighton, MI and the surrounding Southeast Michigan communities.