Prenuptial and Postnuptial Agreements in Michigan

What a prenup can cover

• Which property stays separate, including premarital assets, a business, and inheritances
• How growth in the value of separate property is treated
• Responsibility for each person's existing debts
• How marital property is divided if the marriage ends
• Spousal support, within limits a court will accept
• Rights in each other's estates and retirement accounts

What a prenup cannot do

An agreement cannot decide child custody, parenting time, or child support. Michigan courts decide those based on the child's best interests at the time of the case. A court can also decline to enforce terms that are unfair or were not agreed to voluntarily.

Is a Michigan prenup enforceable?

An agreement made in consideration of marriage must be in writing and signed. Michigan courts generally enforce prenuptial agreements as contracts when both people signed voluntarily, understood what they were giving up, and the terms are not unconscionable. The quality of the drafting and the signing process matters most.

Why timing and disclosure matter

• Start months before the wedding, not days.
• Each person should have a separate attorney.
• Both sides should exchange full financial disclosure.
• Each person needs time to review the agreement before signing.

Agreements signed under pressure, or without a clear picture of the other person's finances, are the ones most often challenged. We represent only one spouse. The other should have their own lawyer.

Postnuptial agreements

Couples who are already married can sign a postnuptial agreement. These are used when a spouse starts or inherits a business, receives a large gift, or wants to settle terms after a reconciliation. Courts look at postnuptial agreements closely, and there is less Michigan case law on them than on prenups, so careful drafting and full disclosure are essential.

When a prenup makes the most sense

• You own a business or professional practice
• You have significant assets or retirement savings from before the marriage
• You expect an inheritance or hold family property
• You have children from an earlier relationship
• You earn stock or executive compensation

A prenup also affects how a later divorce would work. See our divorce and property division information to understand what happens without one.

Frequently Asked Questions

Do I need a prenup if I own a business?

It is not required, but without one the business and its growth in value during the marriage can be pulled into the divorce. A prenup can set those terms in advance.

Can we sign a prenup a few days before the wedding?

You can, but it is risky. A rushed agreement is easier to challenge as involuntary. Plan to finish weeks before the wedding.

Can a prenup decide child custody or child support?

No. The court decides those issues based on the child's best interests, whatever the agreement says.

Can we make an agreement after we are already married?

Yes. A postnuptial agreement can cover many of the same topics. Courts review them closely, so each spouse should have their own attorney.

Can a judge throw out a prenup?

Yes, if it was not signed voluntarily, was based on incomplete disclosure, or contains unconscionable terms. Careful drafting and a clean signing process lower that risk.