What Is a Michigan Prenuptial Agreement?
A Michigan prenuptial agreement is a written contract between two people who are getting married. It explains how they will handle their property, money, and debts if they ever divorce or separate.
This type of agreement can protect things like a family business or inheritance, keep one person from being responsible for the other’s debts, and help take care of children from a previous relationship.
Michigan is an equitable distribution state, which means that the courts divide marital property fairly in a divorce settlement agreement. However, this does not always mean a 50/50 split. A prenuptial agreement lets you and your future spouse make your own decisions about property and money instead of leaving it up to the court.
If you’re already married, then you can use a postnuptial agreement instead.
How to Write a Prenuptial Agreement in Michigan
Our Michigan prenuptial agreement form helps you step-by-step to create a valid agreement.
- Fill in basic information: Write both people’s full names and addresses. List any children from this relationship or from past relationships.
- List separate vs. marital property: Say which property each person owned before marriage and if it will stay theirs. Decide how to divide any property you get during the marriage, like homes, cars, bank accounts, retirement savings, or insurance.
- Protect business interests: Decide who will own any business, or how you will split one if you own it together.
- Disclose debts: Michigan law requires full and fair disclosure of debts, including student loan debt, mortgages, vehicle liens, and credit card debt, as part of the prenuptial agreement. Specify the spouse responsible for paying debts if the couple divorces.
- Determine tax filing status: Decide how to file taxes, either jointly or separately.
- Divide the marital home: Name the spouse remaining in the marital home, or if it’s sold, the division of proceeds. Specify the division of household expenses during the marriage if you choose.
- Outline spousal support: The state of Michigan has guidelines for awarding alimony, as outlined in Michigan Compiled Laws § 551.23, but you and your partner can set your own terms, or even mutually decide to waive support.
- Include additional clauses: Specify other terms and conditions of the prenup, including care for a disabled spouse or division of property to children from a previous relationship
- Guarantee financial disclosure: Attest that both parties provided full and fair asset and debt disclosure.
- Settle dispute resolution: Choose an option to resolve future disputes if they arise.
- Sign and notarize: Both spouses must sign the agreement for it to be valid per state legal standards, as per MI Comp L § 566.132. Although Michigan does not require notary acknowledgement, we recommend notarization to avoid any future legal challenges to the document’s validity.
Sample Michigan Prenuptial Agreement
Below, you can see a sample Michigan prenuptial agreement. You can customize this template using our document editor and then once completed, download in PDF or Word format.
Legal Requirements in Michigan
Under MI Comp L § 557.28, couples have the right to make contracts regarding property division. The validity and enforceability depend on the information included in the agreement. Case precedent and common law govern prenuptial agreements in Michigan.
Signing
A Michigan prenuptial agreement, which is based on the consideration of marriage, is not enforceable unless signed by both contract parties as per MI Comp L § 566.132.
Voluntariness
The courts scrutinize whether parties to a prenup were coerced, forced, or under duress when signing a prenuptial agreement. Signs of undue influence or fraud invalidate an agreement in Michigan.
Enforceability
The state recognizes premarital agreements that are in writing, as evidence of the parties’ wishes, as stated in MI Comp L § 566.109. The terms of the agreement must be fair to both parties and cannot include provisions that are contrary to the law.
Financial Disclosure
Michigan requires full financial disclosure of all property and debts as part of the prenup process. Failure to disclose may result in an unenforceable prenup.
Excluded Terms
Prenuptial agreements cannot contain provisions regarding child support or custody. Michigan family courts handle such matters.
Attorney Representation
Michigan doesn’t require attorney representation on a prenuptial agreement. However, we recommend each spouse hire independent counsel to read over the document. Doing so ensures you get a fair deal and represents your interests in the matter.
Spousal Support Waivers
Both parties can mutually agree to waive spousal support, but Michigan requires a specific agreement in the divorce judgment to do so. If one spouse cannot support themself without alimony, the court reserves the right to modify the agreement to provide for their needs.
While support and other rights can be waived in a valid Michigan prenuptial agreement, the court retains the power to review the agreement to determine if it is unfair or inequitable, as per Allard v. Allard (2017).
