Michigan Prenuptial Agreement

Michigan’s prenuptial agreement law under MCL §§ 557.28, 557.29 requiring written execution, voluntary consent, and full financial disclosure. Michigan is an equitable distribution state — marital property divided fairly but not necessarily equally, making prenups valuable for protecting pre-marital assets and business interests.

GOVERNING LAWMichigan Common Law

STATUTEMCL §§ 557.28, 557.29

PROPERTY SYSTEMEquitable Distribution

AVG. ATTORNEY COST$1,500–$5,000

Michigan Prenuptial Agreement Overview

Key Facts About Michigan Prenuptial Agreements

Michigan recognizes prenuptial agreements under MCL §§ 557.28, 557.29
Michigan is an equitable distribution state — marital property divided fairly but not necessarily equally
Courts will void a prenup signed under duress or without proper financial disclosure
Both parties must sign voluntarily and with full knowledge of the other’s assets
Independent legal counsel for both parties is strongly recommended
The agreement must be in writing and signed by both parties before the wedding
The agreement must be presented well in advance of the wedding to avoid duress claims

What Can Be Included in a Michigan Prenup?

Can Be Included

Rights and obligations regarding property
Right to buy, sell, use, transfer, or manage property
Disposition of property upon separation, divorce, or death
Modification or elimination of spousal support
Making of a will or trust
Ownership rights in a life insurance death benefit
Choice of law governing the agreement

Cannot Be Included

Child support or child custody provisions
Provisions that encourage divorce
Provisions that violate criminal law or public policy
Terms that are unconscionable

Attorney Recommendation: While it is possible to draft a prenuptial agreement without an attorney, Michigan courts are more likely to enforce agreements where both parties had independent legal counsel. The average cost of a Michigan prenuptial agreement drafted by an attorney is $1,500–$5,000.

Michigan Prenuptial Agreement Laws & Requirements

Governing Statute

Prenuptial agreements in Michigan are governed by MCL §§ 557.28, 557.29. Michigan has developed its own common law and statutory framework for prenuptial agreements.

Requirements for a Valid Prenuptial Agreement in Michigan

Written Agreement: The prenuptial agreement must be in writing. Oral prenuptial agreements are not enforceable in Michigan.
Signed by Both Parties: Both parties must sign the agreement before the wedding ceremony.
Voluntary Execution: Both parties must sign voluntarily, without duress, coercion, or undue influence.
Full Financial Disclosure: Both parties must fully disclose their assets, debts, and financial obligations.
Executed Before Marriage: The agreement must be signed before the marriage takes place.
Fair and Reasonable: Courts may void provisions that are unconscionable or grossly unfair.

Grounds for Invalidating a Michigan Prenuptial Agreement

Signed under duress, coercion, or undue influence
Lack of full and fair financial disclosure
Signed without adequate time to review (presented too close to the wedding)
One or both parties lacked mental capacity
Provisions that are unconscionable or violate public policy
Failure to meet formal execution requirements

Official Resources

Michigan Prenuptial Agreement Forms & Resources

Below are resources for Michigan prenuptial agreement forms, official government documents, and related legal forms.

Free Michigan Prenuptial Agreement Template

Our free prenuptial agreement template is designed to comply with Michigan law under MCL §§ 557.28, 557.29. It includes all required provisions and can be customized to your specific situation.

Download Free Template

Official Michigan Legal Resources

Related Michigan Legal Forms

Find a Michigan Prenuptial Agreement Attorney

Finding an experienced family law attorney in Michigan is one of the most important steps in creating an enforceable prenuptial agreement. Courts are more likely to uphold agreements where both parties had independent legal counsel.

How to Find a Qualified Michigan Prenup Attorney

Look for attorneys who specialize in family law and marital agreements
Both parties should have separate, independent attorneys
Start the process at least 3–6 months before the wedding
Ask about experience specifically with prenuptial agreements
Request a flat-fee quote rather than hourly billing when possible

Official Michigan Attorney Referral Resources

Cost Estimate: The average cost of a prenuptial agreement in Michigan drafted by an attorney is $1,500–$5,000. This typically includes one attorney reviewing the agreement; both parties should have separate counsel.

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Statute	MCL §§ 557.28, 557.29
Property System	Equitable Distribution
UPAA	Not Adopted
Avg. Attorney Cost	$1,500–$5,000
Last Updated	2024