Asking for a prenup feels like planning for failure. It isn’t. It’s acknowledging that marriages involve legal and financial consequences—and that deciding those consequences together, while you actually like each other, beats fighting about them in court after everything falls apart.
At Boroja, Bernier & Associates, we help couples create marital agreements that protect both parties, clarify expectations, and actually hold up if ever tested. Because hoping for the best while preparing for the worst isn’t pessimism. It’s adulthood.
Serving Southeast Michigan, Central Michigan & Mid-Michigan
This Isn’t About Expecting Divorce. It’s About Being Honest About What Marriage Actually Involves.
Nobody walks down the aisle planning to divorce. But around 60% of marriages end anyway—and that statistic includes people who were certain, absolutely certain, they’d beat the odds.
Here’s what a prenuptial agreement actually represents: two people who love each other enough to have an honest conversation about money, property, expectations, and what happens if things don’t work out. That conversation is uncomfortable. It’s also the kind of conversation adults in serious partnerships should be capable of having.
Without a prenup, Michigan’s default rules govern what happens to your assets if you divorce. Those rules—equitable distribution, judicial discretion, the factors we discuss on our property division page—may or may not produce results either of you would choose. You’re essentially agreeing to let a stranger (a judge who doesn’t know you) decide your financial fate based on whatever seems “fair” in the moment.
A prenup lets you decide instead.
Postnuptial agreements work similarly but happen after you’re already married. Maybe you didn’t do a prenup and now wish you had. Maybe circumstances changed—an inheritance, a business taking off, a career shift that creates income disparity. Maybe you’re working through marital difficulties and want to clarify financial arrangements as part of recommitting. Postnups address all of these situations.
At Boroja, Bernier & Associates, we’ve drafted marital agreements for couples across the financial spectrum—from modest estates where one spouse simply wants to protect a family business, to complex situations involving significant wealth, multiple properties, and complicated asset structures. We understand what makes these agreements enforceable under Michigan law and what causes them to fail when challenged.
Quotable Expert Statement: “The couples who approach prenuptial agreements most successfully are those who frame it as planning together rather than protecting against each other. You’re not adversaries negotiating a treaty. You’re partners deciding, while you’re still on the same team, what rules should govern your financial partnership. That mindset shift makes the conversation easier—and typically produces better agreements.”
Prenuptial Agreements: What They Are and What They Can Do
A prenuptial agreement (prenup) is a contract between two people who plan to marry, governing what happens to their property and financial obligations if the marriage ends through divorce or death.
What Prenups Can Address
Property classification: Specify which assets remain separate property and which become marital property. This is particularly valuable when one spouse enters the marriage with significant assets, a family business, or expected inheritance.
Property division upon divorce: Determine how property will be divided if you divorce, rather than leaving it to Michigan’s equitable distribution rules. You can agree to equal division, unequal division, or specific allocations of particular assets.
Spousal support: Establish whether spousal support will be paid, how much, and for how long—or waive it entirely. This provides certainty that Michigan’s discretionary approach to alimony doesn’t offer. One important tax note: for divorces finalized after December 31, 2018, alimony is no longer tax-deductible for the payer or taxable to the recipient. That change affects how spousal support provisions in prenups should be structured—and many template agreements haven’t caught up.
Debt allocation: Specify who’s responsible for debts brought into the marriage or incurred during it. Protect yourself from a spouse’s pre-existing debt or spending habits.
Business interests: Protect a business you own from becoming marital property subject to division—or establish how business growth during the marriage will be handled.
Inheritance protection: Ensure that inheritances you receive (or expect to receive) remain your separate property and pass to your chosen beneficiaries.
Death provisions: Coordinate with estate planning to ensure your prenup and your will work together. Prenups can waive or limit spousal rights to inherit. This is where our estate planning team and family law team collaborate—because a prenup that contradicts your estate plan creates problems neither document can solve alone.
What Prenups Cannot Address
Child custody: Courts determine custody based on the 12 best interest factors at the time of divorce. You cannot predetermine custody arrangements years in advance.
Child support: Children’s right to support cannot be waived or limited by parental agreement. Courts will disregard prenup provisions that affect child support.
Anything illegal or against public policy: Provisions requiring illegal acts, encouraging divorce, or grossly unfair to one party may be unenforceable.
Day-to-day marital conduct: Provisions about who does chores, how often you visit in-laws, or other lifestyle matters aren’t appropriate for prenups—and aren’t enforceable.
What Makes a Michigan Prenup Enforceable—And What Gets Them Thrown Out
Michigan courts generally enforce prenuptial agreements, but they scrutinize them carefully when challenged. Understanding what courts look for helps ensure your agreement survives if ever tested.
The Core Requirements
Voluntary execution: Both parties must sign voluntarily, without coercion, duress, or undue pressure. A prenup presented the night before the wedding with a “sign or we’re not getting married” ultimatum raises serious enforceability concerns.
Full financial disclosure: Both parties must provide complete, accurate disclosure of their assets, income, and debts before signing. Hidden assets or material misrepresentations can invalidate the entire agreement.
Written and signed: Prenups must be in writing and signed by both parties. Oral prenuptial agreements aren’t enforceable.
Fair and reasonable: While Michigan doesn’t require prenups to be “fair” in the sense of equal, agreements that are grossly one-sided—leaving one spouse destitute while the other retains everything—face heightened scrutiny, especially if circumstances have changed since signing.
No fraud or misrepresentation: If one party was deceived about material facts—hidden debts, undisclosed income, misrepresented assets—the agreement may be voidable.
Factors Courts Consider When Challenged
When someone challenges a prenup during divorce, Michigan courts typically examine:
Timing: Was there adequate time to review, consider, and negotiate? Agreements signed months before the wedding are stronger than those signed days before.
Independent counsel: Did each party have the opportunity to consult their own attorney? While not strictly required, having separate counsel for each party substantially strengthens enforceability.
Understanding: Did both parties understand what they were signing? Clear, plain-language agreements signed by parties who demonstrate understanding are harder to challenge.
Disclosure adequacy: Was financial disclosure complete and accurate? Did each party know what they were giving up?
Changed circumstances: Have circumstances changed so dramatically that enforcing the agreement as written would be unconscionable? Courts retain some discretion to refuse enforcement in extreme cases.
Common Reasons Prenups Fail
Inadequate disclosure: The number one killer of prenups. If you didn’t fully disclose your finances, expect the agreement to be challenged—and possibly invalidated.
Coercion or pressure: Presenting the agreement at the last minute, threatening to cancel the wedding, or applying emotional pressure undermines voluntariness.
No independent counsel: If one party drafted the agreement and the other signed without legal advice, courts view the agreement more skeptically.
Unconscionability: Agreements that leave one spouse with virtually nothing after a long marriage, especially when circumstances have dramatically changed, may not survive challenge.
Procedural defects: Missing signatures, unclear terms, ambiguous language—drafting errors can create grounds for challenge.
“In our experience, the prenups that get thrown out almost always share a common feature: one party didn’t have independent legal counsel. When both sides have their own attorneys who negotiate, explain, and document the process, challenging the agreement becomes extremely difficult. The investment in separate counsel is the best insurance you can buy for enforceability.”
Postnuptial Agreements: The Same Protection, Different Timing
A postnuptial agreement (postnup) accomplishes the same goals as a prenup—but you’re already married when you sign it. Michigan courts treat postnups similarly to prenups, with a few additional considerations.
Why Couples Get Postnups
They didn’t do a prenup: Many couples don’t think about marital agreements until after the wedding—when a business takes off, an inheritance arrives, or they simply realize they should have addressed these issues earlier.
Circumstances changed: The spouse who had modest income when you married now earns substantially more. One of you inherited significant assets. You started a business that’s become valuable. Changed circumstances warrant updated financial arrangements.
Marital difficulties: Some couples use postnups as part of reconciliation after infidelity or other problems. Clarifying financial arrangements can be part of rebuilding trust and recommitting to the marriage.
Protecting against the other’s debts or liability: If your spouse’s business involves significant liability exposure, a postnup can help protect marital assets.
Estate planning coordination: As part of comprehensive estate planning, particularly in second marriages or blended family situations, postnups can coordinate with trusts and wills. At Boroja, Bernier & Associates, our estate planning and family law teams work together on exactly these situations—because a postnup that conflicts with your trust defeats the purpose of both documents.
Additional Scrutiny for Postnups
Because postnups are signed when the parties are already in a confidential relationship (marriage), Michigan courts apply somewhat heightened scrutiny:
Fiduciary duty: Spouses owe each other duties of good faith and fair dealing. Postnups that take advantage of one spouse’s vulnerability face additional skepticism.
No consideration problem: In contract law, agreements require “consideration”—something exchanged by each party. With prenups, the consideration is the marriage itself. With postnups, courts have sometimes questioned what consideration supports the agreement. Modern Michigan cases generally find consideration in the mutual promises and the continuation of the marriage, but the issue can arise.
Same core requirements: Voluntary execution, full disclosure, and procedural fairness remain essential—arguably more essential given the existing relationship.
Making Postnups Enforceable
The same practices that strengthen prenups apply to postnups:
- Full financial disclosure by both parties
- Independent legal counsel for each spouse
- Adequate time for review and negotiation
- Clear, unambiguous language
- Fair and reasonable terms (not necessarily equal, but not unconscionable)
- Documentation of the process
Who Actually Needs a Marital Agreement? (Probably More People Than You Think)
The stereotype of prenups involves wealthy heirs protecting family fortunes from gold-diggers. That’s a small fraction of the actual use cases.
Business Owners
If you own a business—even a small one—a prenup protects it from becoming marital property subject to division. Without a prenup, your spouse may be entitled to a share of business value accumulated during the marriage. That could force a sale, require you to buy out their interest, or drag a business valuation fight into your divorce.
Even if your business is worth modest amounts today, consider where it might be in 10 or 20 years. Protecting it now costs far less than fighting about it later.
People With Premarital Assets
You saved aggressively in your 20s and 30s before meeting your spouse. You inherited your grandmother’s house. You own investments accumulated over years of single life. A prenup can ensure these assets remain yours, preventing commingling confusion and future disputes.
People Expecting Inheritance
Your parents have significant assets you’ll eventually inherit. While inheritances are generally separate property under Michigan law, they can become commingled with marital property—especially over a long marriage. A prenup can reinforce the separate nature of expected inheritances.
People in Second (or Third) Marriages
You have children from a prior relationship. You want to ensure certain assets pass to those children rather than a new spouse. You’ve been through divorce before and understand the value of clear agreements. Second marriages have higher divorce rates than first marriages—and typically involve more complex financial situations.
People With Significant Income Disparity
One of you earns $200,000; the other earns $40,000. Without a prenup, Michigan’s equitable distribution and spousal support rules will apply. You might both prefer to establish your own rules—perhaps protecting the higher earner’s retirement savings while guaranteeing the lower earner defined support if divorce occurs.
People With Significant Debt Disparity
Your fiancé has $150,000 in student loans. Without a prenup, you might become entangled in that debt—at minimum, marital income that could build your joint wealth will instead service their debt. A prenup can clarify that premarital debt remains the responsibility of the spouse who incurred it.
People Who Simply Want Clarity
Maybe neither of you has significant assets, debt, or income disparity. Maybe you just want to agree on rules while you’re on the same team rather than leave things to default rules and judicial discretion. That’s a legitimate reason for a prenup—and it demonstrates the kind of mature communication skills that actually help marriages succeed.
The Process: How to Get a Marital Agreement Done Right
Creating an enforceable marital agreement requires more than downloading a template and signing it. Here’s how the process should work:
Step 1: Have the Conversation
Before involving attorneys, talk with your partner about why you want a marital agreement and what you hope to accomplish. This conversation should happen well before the wedding—ideally months before—to avoid any appearance of last-minute coercion.
Approach it as joint planning, not adversarial negotiation. You’re deciding together what rules should govern your financial partnership.
Step 2: Each Party Gets Independent Counsel
This is non-negotiable for enforceability. You should have your own attorney; your partner should have their own attorney. The attorneys’ roles are to:
- Explain each party’s rights under Michigan law without the agreement
- Explain what the proposed agreement changes
- Negotiate terms that protect their respective clients
- Ensure their client understands what they’re signing
- Document the process to demonstrate voluntariness and understanding
Step 3: Complete Financial Disclosure
Both parties prepare complete, sworn financial disclosures listing:
- All assets (bank accounts, investments, retirement accounts, real estate, business interests, personal property of significant value)
- All debts (mortgages, loans, credit cards, student debt)
- Current income and income sources
- Expected inheritance or other anticipated assets
This disclosure becomes an exhibit to the agreement. Incomplete or inaccurate disclosure is the most common ground for later challenges.
Step 4: Negotiate Terms
Your attorneys negotiate terms based on your goals and circumstances. This may involve multiple rounds of proposals and counterproposals. Reasonable negotiation strengthens the agreement—it demonstrates that both parties had input and the final terms reflect genuine agreement.
Step 5: Draft, Review, and Revise
One attorney prepares an initial draft. Both parties and their attorneys review it. Revisions are made. The goal is a clear, comprehensive document that both parties understand and accept.
Step 6: Execute Properly
Both parties sign, ideally in front of a notary public. Many attorneys recommend signing well before the wedding—at least 30 days, preferably longer—to eliminate any suggestion of last-minute pressure.
Step 7: Store Securely and Update as Needed
Keep the original agreement somewhere safe. Consider updates if circumstances change significantly—which may involve a postnup if you’re already married.
Timeline Expectations
Don’t start this process two weeks before your wedding. Proper prenup preparation typically takes 4–8 weeks minimum:
- Initial consultations with separate attorneys
- Financial disclosure preparation
- Negotiation and drafting
- Review and revision cycles
- Execution with adequate pre-wedding buffer
Start early. Rushing undermines both the process and enforceability.
How BBA Law Approaches Marital Agreements
Marital agreements require both legal precision and interpersonal sensitivity. We handle both.
We Explain Your Rights First
Before discussing any agreement terms, we make sure you understand your rights under Michigan law without an agreement—what you’d be entitled to in divorce, what default rules would apply. You can’t make an informed decision about waiving or modifying rights you don’t understand.
We Tailor Agreements to Your Situation
Template prenups from the internet aren’t worth the paper they’re printed on. We draft agreements that address your specific circumstances, your specific assets, your specific concerns. Cookie-cutter documents miss nuances that matter.
We Ensure Enforceability
An agreement that looks good but won’t survive court challenge is worthless. We structure the process—disclosure, independent counsel, timing, documentation—to maximize enforceability if the agreement is ever tested. Effort is expected—results are required. An unenforceable prenup is effort without results, and that’s not how we operate.
We Keep Perspective
A marital agreement is part of your relationship, not a weapon in it. We help clients approach these conversations productively, focusing on mutual protection rather than adversarial positioning. The goal is an agreement that works for both parties—which, not coincidentally, is also what makes agreements most enforceable.
We Coordinate With Estate Planning
Marital agreements interact with estate plans. If you’re working with our estate planning team (or have an existing estate plan), we ensure your prenup or postnup coordinates with your wills, trusts, and beneficiary designations. Inconsistencies between documents create problems. At Boroja, Bernier & Associates, having both estate planning and family law under one roof means your documents actually talk to each other.
“The most expensive prenup we’ve ever seen wasn’t the one that cost a lot to draft—it was the one a couple downloaded online and signed without counsel. When they divorced, the entire agreement was thrown out because there was no disclosure, no independent advice, and terms a court found unconscionable. They spent more litigating whether the prenup was enforceable than they would have spent doing it right in the first place. Invest in the process. It’s cheaper than the alternative.”
Your marital agreement should protect you—not create a false sense of security. Whether you need a prenup before the wedding or a postnup to address changed circumstances, the attorneys at Boroja, Bernier & Associates draft agreements built to hold up when it matters most. Call (586) 991-7611 or schedule a consultation to discuss your situation.
Questions Michigan Couples Ask About Prenuptial and Postnuptial Agreements
Absolutely. Prenups aren’t just for wealthy people. They’re useful for anyone who wants clarity about financial arrangements—protecting a small business, clarifying debt responsibility, establishing expectations about finances during marriage, or simply preferring your own rules to Michigan’s default rules. The conversation itself often strengthens relationships.
It might feel uncomfortable, but couples who can’t discuss money and contingency planning may have bigger problems than the prenup conversation reveals. Frame it as planning together, not protecting against each other. Many couples report that working through a prenup actually improved their communication and financial alignment.
Costs vary based on complexity. Simple prenups for couples with modest, straightforward finances might cost $1,500–$3,000 per party for attorney fees. Complex situations involving business valuations, multiple properties, or significant assets can cost $5,000–$10,000 or more per party. Remember: each party needs their own attorney for proper enforceability. The cost of a properly drafted prenup is modest compared to the cost of litigating property division without one.
You can, but you significantly increase the risk of unenforceability. When prenups are challenged, the absence of independent legal counsel is the most common factor in courts refusing to enforce them. The cost of proper legal assistance is modest compared to the cost of an unenforceable agreement.
Timing. A prenup is signed before marriage; a postnup is signed after you’re already married. Both accomplish similar goals and are subject to similar enforceability requirements. Postnups face slightly heightened scrutiny because spouses already owe each other fiduciary duties.
Yes. Couples can modify prenups through written amendments signed by both parties (essentially a postnup that modifies the prenup). Changed circumstances often warrant updates—significant income changes, new businesses, children, inheritance received. Review your agreement periodically and update if needed.
A properly drafted and executed prenup—with full disclosure, independent counsel for both parties, adequate time for consideration, and fair terms—has an excellent chance of being enforced. Prenups fail when they involve coercion, hidden assets, one-sided representation, or unconscionable terms.
It can. Prenups can establish, limit, or waive spousal support entirely. One important consideration: for divorces finalized after December 31, 2018, alimony is no longer tax-deductible for the payer or taxable to the recipient. This tax change affects how spousal support provisions should be structured in any marital agreement. Your attorney should factor this into the negotiation.
Prenups and estate plans must work together. A prenup that waives spousal inheritance rights needs to be reflected in your will and trust documents. If your prenup says one thing and your will says another, you’re creating a legal conflict that could end up in court. At Boroja, Bernier & Associates, our family law and estate planning teams coordinate to ensure your documents are consistent.
Boroja, Bernier & Associates drafts prenuptial and postnuptial agreements for couples throughout Southeast Michigan (Macomb, Oakland, Wayne, Washtenaw, Livingston, Monroe, St. Clair Counties), Central Michigan (Ingham, Eaton Counties), and Mid-Michigan (Genesee, Lapeer Counties). Our headquarters is in Shelby Township with additional offices in Troy, Ann Arbor, and Lansing. Virtual consultations available throughout our service area. Call (586) 991-7611 to get started.
The Time to Plan Is Before You Need the Plan
Prenuptial agreements work best when created with time to spare—not in a rush before the wedding. Postnuptial agreements work best when created proactively—not when the marriage is already failing.
Consider consulting with an attorney if:
- You’re engaged and want to discuss whether a prenup makes sense
- You own a business, significant assets, or expect inheritance you want to protect
- You have substantial debt disparity with your fiancé
- You’re entering a second marriage and want to protect children from a prior relationship
- You’re already married and wish you’d done a prenup
- Your circumstances have changed and you want to update financial arrangements
- You’ve been presented with a prenup and need someone to represent your interests
At Boroja, Bernier & Associates, we help couples create agreements that protect both parties, clarify expectations, and actually hold up if tested. We understand that these conversations are sensitive—and we approach them with the care they deserve.
Because Hoping for the Best Isn’t a Plan
Nobody wants to think about their marriage ending. But creating a marital agreement isn’t betting against your relationship—it’s deciding together, while you still like each other, what rules should govern your partnership. It’s having the adult conversation that responsible partners have.
You deserve an attorney who explains your rights clearly, who drafts agreements tailored to your specific situation, and who structures the process to maximize enforceability. You deserve someone who understands the sensitivity involved and approaches these matters with appropriate care.
At Boroja, Bernier & Associates, we help families in Macomb County, Oakland County, Wayne County, and throughout Southeast Michigan, Central Michigan, and Mid-Michigan protect what matters most through marital agreements that actually hold up.
To schedule a consultation with the Michigan family law attorneys at Boroja, Bernier & Associates, call (586) 991-7611.
Because the time to decide what’s fair is while you’re both still on the same team.
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Service Area Statement: Boroja, Bernier & Associates drafts prenuptial and postnuptial agreements for couples throughout Southeast Michigan (Macomb, Oakland, Wayne, Washtenaw, Livingston, Monroe, St. Clair Counties), Central Michigan (Ingham, Eaton Counties), and Mid-Michigan (Genesee, Lapeer Counties). Headquarters in Shelby Township (49139 Schoenherr Rd., Shelby Township, MI 48315) with additional offices in Troy, Ann Arbor, and Lansing.
