Understanding Prenuptial Agreements in Michigan

Prenuptial agreements—also known as “prenups”—are legal contracts created before marriage that outline how assets and debts will be handled if the relationship ends in divorce or death. While some people may feel hesitant about discussing a prenup, the truth is that these agreements can help couples start their marriage with transparency and trust.

A well-crafted Michigan prenuptial agreement can reduce stress during emotionally difficult times, protect family wealth, and help avoid lengthy court battles. Speak with a Michigan premarital agreement attorney to guide you through the process and protect your rights and interests.

The attorneys at Friedman Law Firm can help. Our lawyers have significant experience assisting clients with prenups and other family law matters, particularly in Oakland, Macomb, and Wayne Counties. Contact us today for a no-cost case evaluation.

Schedule a Free Consultation

Michigan Prenuptial Agreement Guide

Why Consider a Prenuptial Agreement in Michigan?

Getting married is a major life decision, and planning for your future together includes more than just the wedding day. A Michigan prenuptial agreement can provide both partners with peace of mind by setting clear expectations around finances, property, and responsibilities—before saying “I do.”

Contrary to popular belief, prenups aren’t just for wealthy individuals or high-profile marriages. They’re for any couple who wants to create a fair plan in case life takes an unexpected turn. These agreements help prevent misunderstandings, protect personal and family assets, and reduce the potential for conflict later on.
Friedman Law Team

Key Benefits of a Michigan Prenup:

  • Protect pre-marital assets such as property, savings, or a family business
  • Clarify financial roles and responsibilities during the marriage
  • Address existing debts so that each spouse isn’t held responsible for the other’s obligations
  • Avoid lengthy court disputes by having a clear legal agreement in place
  • Provide for children from a prior relationship with inheritance or support expectations
  • Define future spousal support if the marriage ends in divorce
  • Preserve generational wealth by outlining what remains separate and what becomes marital property

Ultimately, a prenuptial agreement is about open communication and mutual respect. It’s a tool that helps couples start their marriage with honesty and a shared understanding of their financial future.

Our experienced premarital agreements attorneys in Michigan will walk you through the process, explain your legal rights, and draft an agreement that supports both your relationship and your long-term goals.

How to Get a Prenup in Michigan

If you’re considering a prenuptial agreement in Michigan, you’re taking a smart step to protect both your future and your finances. But how do you actually get one? The process is straightforward when guided by experienced prenuptial attorneys who understand Michigan family law.

Step-by-Step Guide to Getting a Michigan Prenuptial Agreement

Getting a prenup isn’t just about signing a piece of paper—it’s about creating a fair, legally sound agreement that both partners understand and accept. Here’s how it works:

1. Schedule a Prenup Consultation

Start by meeting with a prenup lawyer near you. During the initial consultation, you’ll discuss your goals, assets, debts, and what you’d like the agreement to cover. Each partner should consult their own prenuptial lawyer to ensure independent legal advice and avoid conflicts of interest.

2. Exchange Full Financial Disclosures

Michigan law requires both parties to be completely transparent about their financial situation. This includes disclosing income, assets, debts, and any other relevant information. Your lawyer can help you prepare a full financial statement that meets legal standards.

3. Draft the Agreement

With the help of your Michigan prenuptial agreement lawyer, you’ll draft a customized agreement that reflects both parties’ wishes. This document will cover how property, income, and debts will be handled during the marriage and in the event of a divorce or death.

4. Independent Legal Review

Each person should have their own prenuptial attorney review the agreement. This ensures that both parties understand the terms and that the contract is fair and not one-sided. A court is more likely to uphold the prenup if each spouse had proper legal representation.

5. Sign Well Before the Wedding

To be valid in Michigan, the prenup must be signed voluntarily and well in advance of the wedding—not days before. Signing under pressure or without time to consider the terms may lead a court to invalidate the agreement later.

6. Optional: Amendments Later

If your financial situation changes, you can revise your prenuptial agreement with a written amendment. Both spouses must agree to and sign the new terms. A prenuptial agreement law firm can assist with modifications to ensure continued legal protection.

A prenuptial agreement is only valid if it’s done correctly. By working with qualified prenuptial lawyers near you, you can make sure the agreement is enforceable and tailored to your needs. Whether you’re protecting a business, family assets, or planning for blended families, we’ll help you take the right legal steps—before the wedding.

Legal Requirements for a Michigan Prenuptial Agreement

Under Michigan law, a prenuptial agreement is valid only if it meets specific legal criteria. While it follows basic contract principles, it must also pass a three-part test for enforceability.

A Michigan Prenup Must:

  • Be signed voluntarily—without fraud, pressure, or threats
  • Be fair when executed—not grossly one-sided or “unconscionable”
  • Remain reasonable over time—circumstances must not have changed so drastically that it would be unfair to enforce it

Working with experienced prenuptial lawyers helps ensure your agreement is legally sound and enforceable in court if ever needed.

Contact us for Help

(248) 230-2533

What a Prenuptial Agreement Can and Cannot Cover

Kimberly DenoyerA prenuptial agreement in Michigan gives couples the ability to define how their property and finances will be handled during marriage and in the event of divorce or death. But not everything can be included in a prenup—and knowing the limits is just as important as understanding the benefits.

When you work with a skilled premarital agreements attorney, you’ll receive guidance on what you can legally protect through a prenup and which issues must be left to the courts.

What a Prenuptial Agreement Can Cover

Michigan law allows couples to use a prenup to address a wide range of financial matters. Here are the most common provisions that prenup lawyers include in a legally valid agreement:

  • Division of property and assets: Identify which items will remain separate property and which will be considered marital property.
  • Debt responsibility: Assign debts to one spouse so that the other isn’t held responsible for liabilities they didn’t create.
  • Spousal support (alimony): Set terms for whether alimony will be paid, how much, and for how long—unless the court later finds these terms unfair.
  • Business interests: Protect ownership and control of a family business or professional practice.
  • Estate planning: Clarify inheritance expectations, particularly in blended families or second marriages.
  • Retirement and savings accounts: Define how 401(k)s, pensions, and other savings will be treated.
  • Life insurance benefits: Designate beneficiaries and determine how proceeds should be handled.
  • Financial management during marriage: Outline each spouse’s rights and responsibilities for managing joint finances.

With help from an experienced prenuptial agreement law firm, you can customize your prenup to reflect your values and financial priorities.

What a Prenuptial Agreement Cannot Cover

While a prenup can address many important financial topics, Michigan law restricts certain areas—especially when it comes to children. Here’s what prenuptial agreements in Michigan cannot legally enforce:

  • Child custody arrangements: Custody decisions are based on the best interests of the child at the time of separation—not on pre-marriage agreements.
  • Child support terms: Michigan courts calculate child support using state guidelines. Parents cannot waive, reduce, or fix a child support amount in a prenup.
  • Illegal or immoral clauses: Any provisions that promote divorce, penalize one spouse for ending the marriage, or attempt to control personal behavior (e.g., weight, appearance, or household chores) are unlikely to be enforced.
  • Unconscionable terms: If the agreement is grossly unfair or leaves one spouse destitute, a court may refuse to enforce those parts—or the entire prenup.

Understanding what your Michigan prenuptial agreement can and cannot include is essential to making sure your rights are protected and the agreement is enforceable. Our prenuptial attorneys will help you draft a legally sound prenup that respects both parties’ interests while staying within the boundaries of Michigan law.

Full Disclosure and Fairness Matter

Michigan courts won’t enforce a prenuptial agreement unless both partners have fully disclosed their finances. That includes all assets, debts, income, and financial obligations.

A Valid Prenup Must Not Involve:

  • Fraud or hidden assets
  • Threats or coercion
  • Mental incapacity (such as intoxication, illness, or diminished mental state at the time of signing)

We assist both parties in preparing full financial statements and ensure transparency in the entire process. This builds trust—and ensures the court will uphold your agreement if ever challenged.

What Kind of Lawyer Do I Need for a Prenuptial Agreement?

If you’re thinking about getting a prenup, one of the first questions you might ask is: “What type of lawyer writes prenuptial agreements?” The answer is simple—you need an experienced family law attorney who regularly handles prenuptial agreements in your state.

While general practice attorneys may offer contract services, prenuptial agreements in Michigan involve more than basic contract law. These agreements must follow specific legal rules, meet standards of fairness, and comply with Michigan’s unique family law guidelines. That’s why it’s best to work with a lawyer who focuses on family law and has experience drafting and reviewing prenups.

Do Both Spouses Need Their Own Lawyer?

Yes. For a prenup to be enforceable in Michigan, it’s strongly recommended that each spouse has their own prenuptial attorney. This ensures that the agreement was entered into voluntarily and that both parties fully understood the terms. Courts are far more likely to uphold a prenup if each person had independent legal advice.

Even if both partners agree on everything, having separate prenup lawyers prevents claims of coercion or unfairness later on. It’s a wise investment in protecting the validity of your agreement.

Whether you’re researching for yourself or with your partner, finding the right legal support is the first step toward a fair and enforceable prenup. Our team of experienced prenuptial attorneys is here to help you move forward with confidence and clarity.

Why Choose Our Michigan Prenuptial Agreement Law Firm?

Choosing the right legal team for your Michigan prenuptial agreement isn’t just about getting documents signed—it’s about protecting your future with clarity, fairness, and confidence. At our trusted prenuptial agreement law firm, we focus on creating personalized, enforceable prenups that reflect your values and provide peace of mind before you say “I do.”

We Make the Process Comfortable and Clear

Discussing finances and legal issues before marriage can feel uncomfortable. That’s why our prenuptial attorneys take the time to understand your situation, answer your questions, and explain every step in plain language. Whether you’re protecting business interests, family assets, or planning for blended families, we ensure your prenup is thorough, fair, and stress-free.

Why Clients Trust Our Michigan Prenup Lawyers:

  • Extensive experience in Michigan family law: We’ve drafted, reviewed, and enforced hundreds of prenuptial agreements under Michigan law.
  • Tailored agreements that reflect your needs: Every relationship is different. We take the time to create a prenup that works for you—not a generic template.
  • Clear communication and full transparency: You’ll never feel left in the dark. From your first prenup consultation to the final signature, we’ll keep you informed and in control.
  • Compassionate, judgment-free support: We understand the sensitive nature of these conversations. Our attorneys offer respectful, thoughtful legal guidance at every step.
  • Efficient service and flexible scheduling: We make the process smooth and convenient, with prompt turnaround and availability to meet your timeline.

When you’re searching for a prenup lawyer near you, trust a firm that combines legal knowledge with personalized service. We help couples build a foundation of honesty and protection—so you can move forward with confidence.

Ready to Talk About a Prenup?

If you’re searching online for a “prenup lawyer near me” or want to learn more about how to get a prenup in Michigan, our legal team is here to help. Whether you need help drafting a new agreement or modifying an existing one, we’ll provide clear advice and dependable legal protection.

Contact our Michigan family law attorneys at Friedman Law Firm today to schedule your free consultation.

Schedule a Free Consultation