FAQs
❓Frequently Asked Questions
Do prenuptial agreements hold up in Michigan?
Yes, if properly drafted and executed, prenuptial agreements are generally enforceable in Michigan. The courts will uphold a prenup if it was entered into voluntarily; both parties fully disclosed their assets and debts; the terms are fair and reasonable at the time of signing and not unconscionable at the time of enforcement.
A court may strike down a prenup if there was duress, fraud, inadequate disclosure, or if
the agreement is so one-sided that it would be unjust to enforce. That’s why it’s critical
to have the agreement professionally prepared and signed well before the wedding date.
What can and can’t be included in a prenup?
A Michigan prenup can cover:
- Division of property if you separate or divorce
- Treatment of debts (e.g., student loans, business liabilities)
- Spousal support (including waivers or limitations)
- Rights to certain assets (e.g., family businesses, inheritances)
- How separate and marital property will be defined
A prenup can’t:
- Predetermine child custody or child support
- Include anything illegal or against public policy
- Be used to evade creditors or defraud third parties
How long does the process take?
Most prenups can be completed in 1 to 3 weeks, depending on how quickly both parties provide information and review the draft. That said, we strongly recommend starting the process at least 30 days before your wedding to avoid any suggestion of pressure or rushed decision-making. Courts are more likely to uphold a prenup that was negotiated well in advance of the wedding.
What happens if we don’t get a prenup?
Without a prenup, Michigan law will apply by default if you separate or divorce. This
means marital property (generally anything acquired during the marriage) may be divided between you, regardless of who earned or paid for it. Separate property may be excluded, but there are exceptions (e.g., commingling or contribution by the other spouse). Spousal support may be ordered depending on income, need, and length of marriage.
In short, without a prenup, you lose control over how property and support issues will be resolved. A prenup gives you the ability to make those decisions yourselves, rather than leaving them to a judge.
What does it cost?
We offer a flat-fee package to make the process transparent and predictable with our fee being $599.
Is this enforceable in other states or countries?
U.S. states will recognize a Michigan prenuptial agreement if it was valid under Michigan law at the time it was signed, and provided it does not violate the public policy of the state where enforcement is sought. This principle flows from conflict of laws doctrine, which gives significant weight to the law of the jurisdiction where the agreement was executed, especially if that jurisdiction had the most significant relationship to the couple at the time.
International enforceability is more complex. Some countries do not recognize prenuptial agreements at all, while others have strict requirements (e.g., notarization, court approval, translation). If cross-border enforceability is a concern, it’s important to get tailored legal advice early in the process.