When we talk with couples planning to get married, the topic of prenuptial agreements often stirs up mixed emotions. Some people believe that by having a prenuptial agreement, they expect the marriage to fail. Others feel that having a prenuptial agreement is a smart way to build trust and clarity from the beginning. A well-drafted prenuptial agreement is about making sure that both spouses understand their financial rights and responsibilities should the unexpected happen. Prenuptial agreements also protect children from prior relationships, preserve business interests, and clarify expectations.
In Michigan, prenuptial agreements are recognized under contract law. They can be enforced by courts as long as they have been drafted correctly. Premarital agreements typically outline how property will be divided, whether spousal support will be paid, and how separate and marital property are defined. While every couple’s financial situation is different, prenuptial agreements provide a level of certainty that can benefit both parties. Whether you’re getting married, have significant assets, or simply want peace of mind, it’s worth considering how a prenup can protect your future.
What Michigan Law Says About Prenuptial Agreements
In Michigan, prenuptial agreements are legally binding as long as they are entered into voluntarily, with full disclosure, and free of fraud, duress, or undue influence. While there is no specific Michigan statute dedicated solely to prenuptial agreements, they are upheld under the general principles of contract law and have been recognized in many court decisions. Key cases such as Rinvelt v. Rinvelt, 190 Mich App 372 (1991), have confirmed that Michigan courts will enforce prenuptial agreements that are fair at the time of execution and not unconscionable at the time of enforcement.
A valid agreement must meet the following criteria:
- It must be in writing and signed by both parties.
- Each party must enter the agreement voluntarily.
- There must be full and fair disclosure of assets and liabilities.
- The agreement must not be against public policy or grossly unfair.
If any of these conditions are not met, the court may set aside the agreement. That’s why we take extra care to ensure our clients understand what they’re agreeing to and that the agreement is drafted with clarity and fairness.
What Can A Prenuptial Agreement Cover?
Prenuptial agreements in Michigan can cover a wide range of issues, including:
- How property will be divided in the event of divorce
- How to define and treat separate vs. marital property
- Whether spousal support (alimony) will be waived, limited, or required
- How debts acquired before or during the marriage will be handled
- Rights to inheritances, gifts, or trust income
However, a prenuptial agreement cannot determine child custody or child support. Those matters are always subject to the best interests of the child at the time of divorce or separation and must be decided by the court in accordance with Michigan’s Child Custody Act.
When Should You Consider A Prenuptial Agreement?
We recommend considering a prenuptial agreement if:
- One or both parties have children from a prior relationship
- There is a significant difference in income or assets
- One party owns a business or is part of a family business
- You want to protect inheritances or property acquired before marriage
- You want to establish financial clarity and reduce potential conflict
The best time to discuss a prenuptial agreement is early—well before the wedding. This ensures that both parties have time to review the terms, consult independent legal counsel if desired, and enter the agreement without pressure.
Prenuptial Agreements Promote Transparency And Communication
A prenuptial agreement can actually strengthen a relationship by encouraging honest discussions about finances, goals, and expectations. It sets a clear foundation for the marriage and can reduce misunderstandings later on. We work closely with couples to ensure the process is respectful, fair, and legally sound.
Michigan Prenuptial Agreement Frequently Asked Questions
Are Prenuptial Agreements Enforceable In Michigan?
Yes. Michigan courts enforce prenuptial agreements as long as they were entered voluntarily, with full financial disclosure, and without coercion or fraud. The terms must also be fair and not against public policy at the time they are enforced.
Do Both Parties Need Their Own Attorney?
It is not legally required for both parties to have separate attorneys, but we strongly recommend it. Independent legal advice helps ensure that both parties understand their rights and that the agreement is fair and enforceable.
Can A Prenup Be Changed After Marriage?
Yes. After marriage, couples can create a postnuptial agreement or modify their prenuptial agreement, but both parties must agree in writing. Any changes should be carefully drafted and signed to remain valid under Michigan law.
What Happens If We Don’t Have A Prenup And Divorce?
Without a prenuptial agreement, property division and spousal support are determined under Michigan’s divorce laws. Michigan follows an “equitable distribution” approach, which may not mean an even 50/50 split. The court considers many factors to divide assets and debts fairly.
Can A Prenup Protect My Business?
Yes. A prenuptial agreement can define your business as separate property and set terms for how its value or income will be treated in a divorce. This is especially important for business owners who want to avoid disputes over ownership or valuation.
Can A Prenup Waive Spousal Support?
Yes, but it must be done clearly and with fairness. Michigan courts may uphold waivers of spousal support if they were fair at the time of signing and are not unconscionable at the time of enforcement. We carefully review these provisions with our clients.
Is There A Deadline For Creating A Prenup Before Marriage?
There is no legal deadline, but we advise clients to complete the agreement well in advance of the wedding. Waiting until the last minute may raise concerns about pressure or duress, which can affect the agreement’s enforceability.
What Can’t Be Included In A Prenup?
Prenuptial agreements cannot decide child custody or child support. These issues are determined by the court at the time of divorce based on the best interests of the child under Michigan’s Child Custody Act (MCL 722.23).
Protect Your Future With Boroja, Bernier & Associates
We help couples create prenuptial agreements that are legally sound, clearly written, and tailored to their goals. Whether you’re planning a first marriage or protecting a business or family interest, we’re here to help you take a proactive step forward.
Our offices in Troy and Shelby Township serve clients across Oakland County and Macomb County. Contact our Shelby Township prenuptial attorneys by calling 586-991-7611 to schedule your consultation with our legal team. Let’s work together to protect what matters most before you say “I do.”
