There’s a moment in every engagement when the conversation shifts from centerpieces and guest lists to something that actually matters: money.

Not how much to spend on the wedding. How you’ll handle money for the rest of your marriage – and what happens if things don’t work out.

Most couples skip that conversation entirely. And that’s how they end up with a prenup they never agreed to.

You Already Have a Prenup – The Only Question Is Who Wrote It

Here’s something most engaged couples don’t realize: you already have a prenuptial agreement. The Michigan legislature wrote it for you.

You already have a prenup. It’ll either be written by the state legislature or it’ll be written by you and your fiancée – who would you trust more? You’ve been to the Secretary of State’s office, have you walked into the Secretary of State and went, “oh, these people are great. They should be in charge of everything.“

Think about every interaction you’ve had with a government agency. The Secretary of State. The Department of Health and Human Services. The Social Security Administration. Your local building department when you’re trying to get a permit for a deck. These are the systems that will decide how your assets get divided if you don’t write your own agreement. Michigan’s default property division rules aren’t tailored to your life – they’re built for everyone, which means they’re built for no one.

Michigan is an equitable distribution state under MCL 552.401. That means if your marriage ends without a written agreement, a judge decides what’s “fair.” Not you. Not your spouse. A judge who met you fifteen minutes ago and has thirty other cases on the docket that week.

“Equitable” doesn’t mean equal. It means whatever the court decides after weighing a long list of factors – length of marriage, earning capacity, contributions to marital assets, age, health, and more. The outcome is rarely what either spouse expects.

A prenuptial agreement puts that pen back in your hands.

What Exactly Is a Prenuptial Agreement in Michigan?

A prenuptial agreement is a legally binding contract between two people who are about to get married. It establishes the financial rules of the marriage – and what happens if the marriage ends through divorce or death.

Think of it as the “yours, mine, and ours” framework, written down and enforceable.

Without one, Michigan’s default property division laws apply. With one, you and your future spouse decide together – while you’re still communicating well, still planning a future together, and still making decisions from a place of partnership rather than conflict.

Michigan recognizes prenuptial agreements through a combination of statute and case law, including MCL 557.28 (contracts made in contemplation of marriage remain in full force after the wedding) and the landmark case Rinvelt v. Rinvelt, 190 Mich App 372 (1991), which confirmed prenup enforceability in the divorce context.

Do You Actually Need a Prenuptial Agreement in Michigan?

Not every couple needs a prenup. But more couples need one than think they do.

High-Net-Worth Individuals and Business Owners

If you own a business, hold real estate, or have significant investment accounts, a prenup is essential. Without one, your spouse may have a claim to the increase in value of those assets during the marriage – even if they had nothing to do with building it.

Business owners face a particular risk. In a Michigan divorce without a prenup, a court can order the business valued and your spouse compensated for their share of marital appreciation. That can force a sale, a buyout you can’t afford, or a restructuring that cripples operations. A prenup that clearly classifies the business as separate property and addresses how growth during marriage is handled prevents that outcome entirely.

Second Marriages and Blended Families

If you’re entering a second or third marriage – especially with children from a prior relationship – a prenup protects everyone. It ensures your children’s inheritance isn’t unintentionally redirected to a new spouse’s family. It clarifies which assets stay with which family line. And it prevents the kind of blended-family disputes that destroy relationships long after the divorce is final.

At Boroja, Bernier & Associates, we regularly work with clients in second marriages who wish their first marriage had included a prenup. The experience of going through divorce once makes the value of a prenup painfully clear.

When a Prenup Might Not Be Necessary

If both partners are young, have similar incomes, minimal assets, no business interests, no children from prior relationships, and no inheritance expectations – a prenup may not be worth the investment right now. That said, even couples in this position should understand that Michigan’s default rules will apply in their absence. A postnuptial agreement is always an option later if circumstances change.

Michigan Prenup Requirements – What Makes an Agreement Legally Valid

Michigan doesn’t have a standalone prenuptial agreement statute like some states. Instead, courts evaluate prenups under a combination of MCL 566.132 (Statute of Frauds) and case law standards from Rinvelt v. Rinvelt and Allard v. Allard, 305 Mich App 579 (2014).

To be enforceable, a Michigan prenup must meet these requirements:

• Written and signed. Oral prenuptial agreements are not recognized in Michigan. Under MCL 566.132(1)(c), agreements made in contemplation of marriage must be in writing and signed by the party to be charged.

• Executed before the marriage. The agreement must be signed before the wedding takes place. A prenup signed after the ceremony is actually a postnuptial agreement – subject to different scrutiny.

• Voluntary. Both parties must sign freely, without coercion or duress. Agreements presented as ultimatums days before the wedding face serious enforceability challenges.

• Full and fair financial disclosure. Both parties must provide complete, honest disclosure of their assets, debts, and income. Hidden assets or incomplete disclosures can invalidate the entire agreement.

• Not unconscionable at execution. The terms cannot be so one-sided that no reasonable person would agree to them. Courts evaluate fairness at the time the agreement was signed.

• No significant unforeseeable change in circumstances. Even a properly executed prenup can be challenged if enforcement would be grossly unfair due to circumstances neither party could have anticipated – such as a serious disability or dramatic shift in earning capacity.

How to Get a Prenup in Michigan – Step-by-Step Process

Start early. Begin the conversation at least three to six months before the wedding. This gives both partners time to consult with their own attorneys, negotiate terms meaningfully, and sign without the pressure of an approaching ceremony.

Each partner retains independent counsel. While Michigan does not legally require both parties to have separate attorneys, independent representation is one of the strongest indicators of voluntariness. Courts in Southeast Michigan are far more likely to uphold agreements where both partners were independently represented.

Complete financial disclosure. Both partners prepare detailed schedules of their assets, debts, income, and business interests. These are attached to the prenup as exhibits.

Negotiate and draft. Working through their respective attorneys, the couple negotiates terms that reflect their shared goals and individual protections. The agreement goes through multiple rounds of review.

Sign well before the wedding. Ideally 30 to 60 days before the ceremony – though earlier is always better. Last-minute execution is a red flag for Michigan courts.

Prenuptial Agreement Cost in Michigan – What to Budget

Straightforward prenuptial agreements – covering basic asset classification, property division terms, and standard provisions – typically cost $2,500 to $4,500 per person. Complex prenups involving business valuations, trust structures, or high-net-worth estates can exceed $7,500 per person.

Each partner should have their own attorney, so budget for two sets of legal fees. That total investment of $5,000 to $15,000+ may feel significant. Compare it to the cost of contested property division in a Michigan divorce: $25,000 to $75,000+ depending on complexity. The math isn’t even close.

To discuss prenuptial agreement options with the Michigan family law attorneys at Boroja, Bernier & Associates, call (586) 991-7611.

What Can – and Cannot – Be Included in a Michigan Prenup

Allowed Topics

A Michigan prenup can address property classification (separate vs. marital), division of assets and debts in divorce, spousal support provisions or waivers, business ownership protections, inheritance and estate planning coordination, and management of joint and separate finances during the marriage.

Off-Limits Topics

Child custody and child support cannot be predetermined in a prenuptial agreement. Period. Michigan courts determine custody based on the child’s best interests at the time of divorce, and child support follows state guidelines. Any prenup provision that attempts to predetermine these issues will be struck as unenforceable.

One important nuance on spousal support: a prenup can include a spousal support waiver, but Michigan courts retain the authority to override that waiver if enforcement would be unconscionable. Under Allard v. Allard, courts will not enforce provisions that would leave one spouse without sufficient means of support. Including a safety-valve provision or step-down clause significantly improves the chances a support waiver survives judicial review.

Why a Prenup Is Not a Sign of Distrust – It’s Actually a Love Letter

This is where most people get stuck. The word “prenup” carries emotional baggage – as if planning for the worst means you expect the worst.

That framing is backwards.

A prenup is one of the most honest conversations you’ll ever have with your partner. It forces you to talk about money, debt, expectations, and goals before you’re legally bound together. Couples who have those conversations before the wedding are better equipped to handle financial stress during the marriage.

A prenup isn’t about distrust. It’s the ultimate love letter: having the hard financial conversations now so you never fight about money later.

Sunset Clauses in Michigan Prenups – Handle With Care

A sunset clause is a provision that causes the prenup – or specific terms within it – to expire after a set number of years or upon a triggering event. The idea sounds reasonable: “If we’re still married after twenty years, the prenup goes away.”

The problem? Sunset clauses can expire at the worst possible time. A prenup that protected a business for nineteen years suddenly offers zero protection in year twenty. A spousal support waiver that functioned for the duration of a short marriage becomes irrelevant right when the stakes are highest in a long one.

Michigan courts have not extensively addressed sunset clauses in published case law, so enforceability in this area remains uncertain. If you’re considering one, it needs to be drafted carefully with full awareness of how expiration could affect your financial position decades from now. This is not a provision to include casually.

The Critical Role of Independent Legal Counsel

Every Michigan family law attorney will tell you the same thing: each partner needs their own lawyer. Not because the law requires it – it doesn’t. But because one-sided representation is one of the fastest ways to get a prenup thrown out.

When both partners have independent counsel, it demonstrates that each person understood the agreement, had the opportunity to negotiate, and signed voluntarily. That’s exactly what Michigan courts look for when a prenup is challenged.

Why DIY Prenups Are Extremely Risky in Michigan

Online prenup templates are cheap. They’re also dangerous. Michigan prenup law is built on case law and judicial discretion – not a simple statutory checklist. A template can’t account for your specific assets, your business structure, Michigan’s equitable distribution framework, or the enforceability nuances that matter when a judge reviews your agreement years later.

A prenup that a Michigan court refuses to enforce is worse than no prenup at all – because you planned around protections that don’t actually exist. The cost of doing it right the first time is a fraction of the cost of finding out your DIY agreement is worthless during a divorce.

Common Myths About Prenups in Michigan

“Prenups are only for rich people.” Not true. Anyone with a business, retirement savings, real estate, debt, or children from a prior relationship has something worth protecting.

“If I ask for a prenup, my partner will think I don’t trust them.” A prenup is a planning conversation, not an accusation. Couples who can discuss money honestly before marriage are better positioned for the financial challenges that come during it.

“A prenup means the marriage is doomed.” Having car insurance doesn’t mean you expect to crash. A prenup is financial planning – responsible, not pessimistic.

“We can just figure it out if we ever get divorced.” That’s exactly how $50,000+ in legal fees happens. “Figuring it out” in the middle of an emotionally charged divorce is exponentially harder and more expensive than agreeing to terms while you still like each other.

Frequently Asked Questions About Michigan Prenuptial Agreements

Ready to Protect Your Future? Contact a Michigan Family Law Attorney At BBA Law

You’re going to have a prenup whether you write one or not. The Michigan legislature already drafted their version. The only question is whether you’d rather trust your financial future to a default set of rules written for everyone, or an agreement you and your partner crafted together.

At Boroja, Bernier & Associates, our family law attorneys help engaged couples throughout Southeast Michigan, Central Michigan, and Mid-Michigan create prenuptial agreements that are enforceable, fair, and built to hold up when it matters most. We also assist already-married couples with postnuptial agreements when circumstances change.

To schedule a consultation with the Michigan family law attorneys at Boroja, Bernier & Associates, call (586) 991-7611. With offices in Shelby Township, Troy, Ann Arbor, and Lansing, we’re here to help you start your marriage with clarity and confidence.

About the Author

This article was written by Joel Bernier, Esq., a partner at Boroja, Bernier & Associates PLLC, admitted to the State Bar of Michigan in 2010 (Bar No. P74226). Joel focuses his practice on divorce and family law for Michigan families.