After decades of practicing family law here in Michigan, I’ve learned that few topics generate as much confusion—and unnecessary fear—as prenuptial agreements. Many people assume a prenup will never hold up in a Michigan court, so they avoid the conversation altogether. That belief is simply incorrect.
Michigan courts routinely enforce prenuptial (or “antenuptial”) agreements, provided they meet the legal standards our Michigan courts have developed over many years. Here are the truths:
Are Prenuptial Agreements Enforceable in Michigan?
Yes—very much so. We have litigated prenuptial contracts from both sides. We have asked courts to enforce them and to set them aside. We’ve succeeded on both sides. But generally, prenups are enforceable when they are properly drafted, fair, and circumstances have not changed unexpectedly.
Though Michigan has not yet adopted the Uniform Premarital Agreement Act, our courts have long recognized the validity of prenuptial agreements under Michigan common law. Bills have been introduced in the Michigan legislature to adopt the Uniform Premarital Agreement Act.
A prenup will generally be enforced in Michigan if:
•It was entered into voluntarily, without fraud, duress, or coercion
•The prenup was fair and reasonable when signed
•Both parties made full and honest disclosure of their assets
•Circumstances at the time of enforcement are not so extreme that enforcing the agreement would be “unconscionable.”
In other words, our Michigan judges do not casually set aside prenuptial agreements. Only in extraordinary circumstances—such as fraud or extreme unfairness—will a court refuse to enforce one.
What Can a Michigan Prenuptial Agreement Cover?
A well‑drafted Michigan prenup can address nearly any financial issue the couple wants to clarify before marriage. Common provisions include:
•Separate property protection for assets brought into the marriage
•Income earned during the marriage remains separate
•Division of property in the event of divorce
•Spousal support (alimony)—including whether it will be paid, and if so, how much
•Estate planning provisions, including rights upon death
•Business ownership protection
•Debt allocation
A prenup cannot determine child custody or child support, because Michigan courts always decide those issues based on the best interests of the child at the time of divorce.
Should You Draft Your Own Prenuptial Agreement?
Technically, you can.
But as I often tell clients, you can also try to perform your own dental work or rebuild your car’s transmission. The fact that something is possible does not make it wise.
A prenuptial agreement is a legally binding contract that must withstand court scrutiny years—sometimes decades—later. A poorly drafted prenup can be worse than having no prenup at all.
If you want the agreement to hold up in a Michigan court, it should be drafted by an experienced attorney with decades of experience who understands Michigan family law and the specific requirements our courts expect.
Can One Attorney Represent Both Parties?
No.
In Michigan, it is a conflict of interest for one attorney to represent both parties in a prenuptial agreement.
Typically:
1. One party hires an attorney to draft the agreement.
2. The draft is provided to the other party.
3. The other party should hire their own attorney to review it.
While the second party is not legally required to have an attorney, independent legal counsel is one of the strongest ways to ensure the agreement will be enforceable later. In most cases, the family law attorneys at The Kronzek Firm require the other party to have an independent attorney review the prenuptial contract we drafted.
Can a Michigan Prenuptial Agreement Be Changed?
Yes.
A prenup can be amended or modified after marriage, but only in writing, signed by both parties. This prevents misunderstandings and protects both spouses.
However, any modification must still meet Michigan’s legal standards. If a spouse tricks or pressures the other into changing the agreement—especially if they are secretly planning a divorce—Michigan courts can and do invalidate such amendments based on fraud, coercion, or inequity.
Judges do not look kindly on deception.
Our Final Thoughts
Prenuptial agreements are not about planning for divorce—they’re about creating clarity, protecting both spouses, and entering marriage with transparency and mutual respect. When drafted properly and fairly, a prenup can provide peace of mind and prevent costly litigation down the road.
As a Michigan family law attorney with decades of experience, working in a firm with more than 30 years of experience, I’ve seen firsthand how valuable a well‑crafted prenuptial agreement can be. If you’re considering one, make sure you work with an attorney who understands Michigan’s unique legal landscape and can guide you through the process with care and expertise.
If you’re considering a prenuptial agreement in Mid-Michigan, speaking with a local family law attorney can help you assess whether filing first aligns with your long-term goals for maintaining your financial assets.
At The Kronzek Firm, our attorneys have been representing clients throughout Mid-Michigan, including Lansing, Mason, DeWitt, and Charlotte, for over 30 years. We understand the regional court systems and what it takes to build a strong case from day one.
📞 Call our Lansing office 24/7 at (517) 886-1000 to schedule a confidential consultation with a trusted Mid-Michigan family law attorney.
[Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. For guidance specific to your situation, consult with an experienced Michigan divorce attorney.]