Nobody walks down the aisle expecting their marriage to end. But hoping for the best doesn’t mean you shouldn’t prepare for the unexpected. A prenuptial agreement isn’t a prediction of failure—it’s a practical conversation about finances, expectations, and protection that every engaged couple should consider.

The stereotype of prenups as tools for the wealthy to protect fortunes from gold-diggers is outdated and inaccurate. Today, couples of all income levels use prenuptial agreements to clarify financial expectations, protect family businesses, shield one partner from the other’s debt, and simplify what happens if the marriage doesn’t last.

At Boroja, Bernier & Associates, we help engaged couples throughout Michigan create prenuptial agreements that protect both partners fairly. Here’s what you need to know about prenups in Michigan—and why they’re worth considering regardless of your net worth.

Why Prenuptial Agreements Matter for Every Couple

MCL 557.28 states that a prenuptial agreement is a contract between two people planning to marry. It establishes how assets, debts, and other financial matters will be handled during the marriage and in the event of divorce or death.

Many couples assume prenups are only for people with substantial wealth. That’s a misconception. Here are situations where a prenup makes sense regardless of your bank balance:

• You’re bringing assets into the marriage. Even if you’re not wealthy, you might own a home, have retirement savings, or hold investments you want to keep separate. A prenup clarifies what remains yours.

• You’re bringing debt into the marriage. Student loans, credit card balances, or other debts don’t automatically become your spouse’s responsibility—but finances get complicated during marriage. A prenup can ensure one partner’s pre-existing debt stays their responsibility.

• You own a business or professional practice. If you’ve built a business before marriage, a prenup can protect it from division in divorce. This is especially important for family businesses where other relatives have ownership interests.

• You’re expecting an inheritance. While inheritances are generally separate property in Michigan, commingling can change that. A prenup can ensure inherited assets remain yours regardless of how they’re used during the marriage.

• One of you will leave the workforce. If one partner plans to stay home with children or support the other’s career, a prenup can establish how that contribution will be valued if the marriage ends.

• You’ve been married before. Second marriages often involve children from previous relationships, existing support obligations, and accumulated assets. A prenup helps balance obligations to a new spouse with responsibilities to children from an earlier marriage.

• You want to avoid conflict later. Divorce is stressful enough without fighting over finances. A prenup made during a time of love and goodwill can prevent bitter disputes later.

Think of a prenup less like planning for divorce and more like having car insurance. You don’t expect an accident, but you’re protected if one happens.

What Makes a Prenup Enforceable in Michigan

Michigan courts will enforce prenuptial agreements—but only if they meet certain requirements. A poorly drafted or improperly executed prenup may be worthless when you need it most.

• Voluntary execution. Both parties must sign the agreement freely, without coercion or duress. If one partner pressures the other into signing at the last minute, or if there’s evidence of threats or manipulation, a court may refuse to enforce the agreement.

• Full financial disclosure. Both partners must fully disclose their assets, debts, income, and financial obligations before signing. Hidden assets or incomplete disclosure can invalidate the entire agreement. This is why prenups typically include detailed financial schedules listing everything each person owns and owes.

• Fair and reasonable terms. While Michigan gives couples considerable freedom to structure their prenup, courts won’t enforce agreements that are grossly unfair or unconscionable. An agreement that leaves one spouse destitute while the other walks away with everything may be challenged successfully.

• Proper form. Prenuptial agreements must be in writing and signed by both parties. Oral agreements about property division aren’t enforceable.

• Independent legal advice. While not strictly required, having each partner represented by their own attorney significantly strengthens enforceability. When both sides have independent counsel, it’s much harder to claim later that one person didn’t understand what they were signing.

• Timing. The agreement should be signed well before the wedding—weeks or months in advance, not the night before. Last-minute prenups raise red flags about voluntariness and adequate consideration.

Courts examine these factors if a prenup is challenged during divorce. Meeting all requirements doesn’t guarantee enforcement, but failing to meet them almost guarantees problems.

What to Include in a Michigan Prenuptial Agreement

Prenups can address a wide range of financial matters. Common provisions include:

• Classification of property. The agreement can specify which assets will remain separate property and which will become marital property. For example, you might agree that investment accounts owned before marriage stay separate, while a home purchased together during marriage is marital property.

• Division of property if the marriage ends. You can predetermine how assets will be split in divorce, potentially avoiding the uncertainty of Michigan’s equitable distribution approach. Some couples agree to a 50/50 split; others create different arrangements based on their circumstances.

• Responsibility for debts. The prenup can assign responsibility for pre-existing debts and establish how debts incurred during marriage will be handled. This protects one spouse from being liable for the other’s financial obligations.

• Spousal support provisions. Couples can waive alimony entirely, cap the amount or duration, or establish a formula based on marriage length. However, courts can sometimes override spousal support waivers that would leave one spouse unable to meet basic needs.

• Business protection. If one partner owns a business, the prenup can establish that the business remains separate property and specify how any increase in value during marriage will be treated.

• Inheritance and estate planning coordination. Prenups can coordinate with estate plans to ensure children from previous relationships receive intended inheritances while still providing for a surviving spouse.

• Financial management during marriage. Some prenups address how finances will be handled while married—joint accounts versus separate accounts, responsibility for household expenses, and financial decision-making.

• What happens to specific assets. The agreement can designate that particular items—a family heirloom, a vacation property, artwork—go to a specific spouse regardless of when they were acquired.

There are limits to what prenups can include. Michigan courts won’t enforce provisions about child custody or child support—those matters are always decided based on the child’s best interests at the time, not predetermined by contract. Courts also won’t enforce provisions that encourage divorce or are illegal.

Common Prenup Mistakes to Avoid

Even well-intentioned prenups fail because of avoidable errors:

• Waiting until the last minute. Presenting a prenup days before the wedding creates pressure that undermines voluntariness. Start the conversation months before the ceremony. Both partners need adequate time to review the agreement, consult with attorneys, and negotiate terms.

• Incomplete financial disclosure. Hiding assets or undervaluing what you own is the fastest way to invalidate a prenup. Full transparency is essential—even if it’s uncomfortable to share every financial detail.

• Using a template without customization. Generic forms downloaded from the internet rarely account for Michigan law or your specific situation. What works in California may not work here. Invest in a properly drafted agreement tailored to your circumstances.

• Having one attorney represent both parties. An attorney can only represent one client. If the same lawyer drafts the prenup and both partners sign it, the unrepresented partner can later claim they didn’t understand the terms or had no one advocating for their interests.

• Forgetting to update the agreement. Life changes—children are born, careers shift, assets accumulate. A prenup that made sense when you married at 25 might not reflect your situation at 45. Consider periodic reviews and updates.

• Including unenforceable provisions. Adding clauses about personal behavior, parenting arrangements, or other non-financial matters can complicate the agreement and potentially undermine its credibility. Keep the focus on financial issues.

• Failing to execute properly. Both signatures need to be witnessed and possibly notarized depending on the provisions. Follow all formalities to avoid technical challenges later.

Postnuptial Agreements: When You’re Already Married

What if you’re already married and didn’t get a prenup? A postnuptial agreement serves a similar purpose but is executed after the wedding.

Michigan recognizes postnuptial agreements, though they face slightly more scrutiny than prenups. Courts want to ensure that marital dynamics—where one spouse may have power over the other—don’t result in unfair agreements.

Postnups are often used when:

• Circumstances change significantly (one spouse starts a business, receives an inheritance, or takes on new debt)
• The marriage experiences difficulties and the couple wants to establish clear expectations
• One spouse wants protection that wasn’t addressed before marriage
• Estate planning needs require clarification of property rights

The requirements for enforceability are similar to prenups: voluntary execution, full disclosure, fair terms, written form, and ideally independent legal counsel for both parties.

Frequently Asked Questions About Prenuptial Agreements in Michigan

Can a prenup be challenged in Michigan?

Yes. A spouse can challenge a prenup during divorce by arguing it was signed under duress, that financial disclosure was incomplete, that the terms are unconscionable, or that proper formalities weren’t followed. Courts examine the circumstances surrounding execution to determine enforceability.

How much does a prenup cost in Michigan?

Costs vary depending on complexity. Simple agreements might cost $1,500 to $3,000 per person, while complex prenups involving businesses or substantial assets can cost more. Each partner should have their own attorney, so budget for two sets of legal fees.

Can a prenup protect my business in Michigan?

Yes. A well-drafted prenup can establish that your business remains separate property and address how any increase in value during marriage will be treated. This is one of the most common reasons business owners seek prenuptial agreements.

Does a prenup affect child custody or child support?

No. Michigan courts determine custody based on the child’s best interests at the time, and child support follows state guidelines. Prenup provisions attempting to predetermine these issues are unenforceable.

When should we start discussing a prenup?

Begin the conversation as early as possible—ideally several months before the wedding. This gives both partners time to consider the issues, consult with attorneys, negotiate terms, and execute the agreement without time pressure.

Take the Next Step: Start the Conversation

Discussing a prenuptial agreement isn’t always easy, but it’s one of the most practical conversations engaged couples can have. Addressing financial expectations openly before marriage builds a foundation of honesty that serves the relationship well.

At Boroja, Bernier & Associates, our family law attorneys help engaged couples throughout Michigan create prenuptial agreements that protect both partners fairly. We also assist already-married couples with postnuptial agreements. With our main office in Shelby Township and satellite offices in Troy, Ann Arbor, and Lansing, we make it easy to get experienced legal guidance.

To schedule a consultation with the Michigan family law attorneys at Boroja, Bernier & Associates, call our law offices at (586) 991-7611. We’ll help you understand your options and create an agreement that provides peace of mind as you begin your marriage.