Planning a wedding in Michigan comes with its own kind of magic. Maybe you’re picturing vows on the shores of Lake Michigan, a ceremony tucked into the vineyards of Traverse City, or a reception where Motown classics keep everyone on the dance floor. Wherever you’re saying “I do” in the Great Lakes State, love is in the air, and so is the practical question of how to protect your future. Enter the prenuptial agreement. Not exactly as romantic as the cherry blossoms in Ann Arbor or a crisp fall football Saturday, but just as much a part of building a strong foundation for married life. If there’s one legal tool that blends smart preparation with thoughtful clarity, it’s a well‑crafted prenup. Can I draft my own prenup? And, what are the requirements for a valid prenup in Michigan? Continue reading to learn more about prenups and to find the answers to your questions.
Do we both need a lawyer, or can only one person hire one?
Michigan doesn’t legally require each spouse to have their own attorney, but the system definitely encourages it. Marriage brings a fiduciary duty and emotional power shifts; therefore, courts will closely scrutinize any agreement that looks one‑sided. Without individual legal representation, claims of coercion or hidden clauses become more believable. Think of a lawyer as your protector in a legal conversation. Each party knowing their rights helps ensure the agreement is balanced, fully understood, and more likely to hold up later.
Can we share a lawyer?
Sharing a lawyer for a prenup? That’s a firm no. The risk of conflict of interest is too high. And you’ll have difficulty finding a reputable attorney who agrees to represent both sides of a prenup. A shared lawyer can’t zealously advocate for both of you at once. Prenups need to be transparent, fair, and voluntary. That means each person needs representation focusing only on their best interests. Whether you’re equal partners or have differing levels of assets, clarity and fairness hinge on independent counsel.
Can I write my own prenuptial agreement?
Sure, you can draft your own if you want to DIY the agreement. But that doesn’t mean that you should. There’s real risk involved in writing your own prenup. Michigan has specific prenup-related laws, including that they be entered voluntarily, that the terms are fair, and that financials are disclosed. A self-drafted agreement can fail on any of the legal requirements under Michigan law if not carefully structured. Even minor missteps in drafting can cause a provision or the entire prenup to be thrown out. Lawyers help ensure your wording is precise, your financial disclosure comprehensive, and the tone neutral enough to pass legal muster. Without that, you invite a judge to toss your agreement at the first sign of friction.
What are the legal requirements for a valid prenup in Michigan?
Think of Michigan’s prenup legal requirements as a three‑legged stool: voluntariness, fairness, and transparency. Michigan courts hold that prenups must be entered into voluntarily. This means a party cannot feel coerced into signing or under duress. The language in a prenup must be fair and not severely unfair (i.e., unconscionable), both at signing and enforcement. And full disclosure of assets and debts is essential. If circumstances change drastically after signing, and enforcing the agreement would feel unfair, courts may rescind it (Allard v. Allard (2017)). Additionally, Michigan law reinforces that a property contract made in contemplation of marriage “remains in full force” after marriage (MCL § 557.28). This codifies that prenups are not just symbolic; they carry legal weight, but only when properly constructed.
How much does a prenup lawyer cost in Michigan?
Okay, let’s talk numbers. For a Michigan couple, the price of a prenup can range between $2,500 for a simple agreement on a flat‑fee basis and upwards of $5,000 for more complex contracts or hourly billing. You’re probably closer to the higher end if you’re merging businesses, estates, or inheritances. Still, compared to the emotional and financial toll of a contested divorce, these fees are often a smart investment in peace of mind. Generally, the national average for a prenup for both parties is $8,000, according to a HelloPrenup survey of family law attorneys nationwide. Finding a legal representative through HelloPrenup is a fraction of the cost. Our network of Michigan lawyers is ready to guide you through the entire process, from the initial consultation to the final signatures, providing you with an agreement that is clear, fair, and aligned with Michigan laws without breaking the bank.
Where can I find a prenup lawyer in Michigan?
When you’re starting this process, you want someone experienced and sensitive, not just big on legal talk. Look to trusted sources like the Michigan State Bar’s referral service or local law firm websites that clearly highlight prenup experience. Many family law attorneys, especially those in cities like Detroit or Ann Arbor, post insights, client-friendly articles, and FAQs to help you get started. Tools like Avvo or Martindale‑Hubbell can also give you a quick peek at reviews and expertise. If you’re using HelloPrenup, you can still add attorney review as an upgrade, bridging affordability with legal oversight. And don’t forget to ask trusted friends and family for lawyer referrals. Just make sure to check the reviews of your prospective representative.
The final word on whether you need a lawyer for a valid prenup in Michigan
To make sure your prenup is well-written and enforceable in Michigan, both spouses should consider working with their own attorneys. However, Michigan state law does not require legal representation for a valid prenup. Never share representation, avoid self-drafting unless you’re fully confident and comfortable drafting prenups, and ensure your agreement is conscious, fair, transparent, and thoughtful of life’s changes. Costs can be manageable, and you can find respectful, capable legal representatives across the state. And remember that prenups don’t undermine love. They fortify it by ensuring that financial peace doesn’t get in the way of emotional stability later on. Now, sit down with your love and have these essential financial conversations so you can get back to the most fun parts of planning your wedding!
Max Emmer is a Michigan attorney who believes that prenups can improve marriages through good communication and financial transparency. He understands both the legal and deeply emotional aspects of prenuptial agreements and aims to help his clients reach a resolution in the most helpful and efficient way possible.
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