Getting married in Michigan? A prenuptial agreement lets you set clear expectations about property, debt, and (where allowed) support—so you’re not relying only on default state rules.
Key points
- Prenups are recognized if they’re voluntary, in writing, and signed by both partners.
- Michigan courts enforce prenups if entered into voluntarily, without fraud, duress, or mistake, and if fair when executed.
- Michigan prenups must be in writing and signed by both parties before marriage. No statutory requirement for notarization, but it is recommended.
Are prenups legal in Michigan?
Michigan prenups must be in writing and signed by both parties before marriage. No statutory requirement for notarization, but it is recommended. Full disclosure of assets and liabilities is strongly advised to avoid claims of fraud or misrepresentation. Independent legal counsel is not required but strengthens enforceability.
What makes a Michigan prenup enforceable?
Michigan courts enforce prenups if entered into voluntarily, without fraud, duress, or mistake, and if fair when executed. There is no formal “second look,” but agreements grossly unfair at divorce may be scrutinized, especially if circumstances have changed dramatically.
What you can—and can’t—include
Parties can define separate vs. marital property, waive or limit alimony, and set terms for property division. Child support and custody provisions are unenforceable. Alimony waivers may be overridden if enforcement would cause undue hardship.
Simple process
Execute well before the wedding. Exchange complete financial disclosures. Use independent counsel for both parties. Notarize the document and initial each page. Keep copies securely stored.
Next steps
General information only, not legal advice. Laws and cases change—consider speaking with a local attorney about your situation.
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