The all-inclusiveMichigan prenup

The controlling statute & cases

What law governs prenups in Michigan?

Michigan prenuptial agreements are governed primarily by a statute, Mich. Comp. Laws (MCL) § 557.28, along with a substantial body of case law that fills in most of the practical requirements. MCL 557.28 simply confirms that a property contract made between two people in contemplation of marriage remains fully enforceable once the marriage occurs. The real substance of Michigan prenup law comes from the courts, most notably Rinvelt v. Rinvelt, 190 Mich. App. 372 (1991), which laid out the test Michigan courts still use today to decide whether a premarital agreement should be enforced.

Is Michigan a UPAA state?

No, Michigan has not adopted the Uniform Premarital Agreement Act (UPAA) yet, but there is a bill to enact the UPAA in Michigan that is still pending in the House Judiciary Committee as of today. Until this bill is passed to enact the UPAA, Michigan relies on its own statute and its own case-law test to determine enforceability. This means Michigan's rules, while similar in spirit to UPAA states, don't track the UPAA's language section for section, so couples moving to or from Michigan should pay close attention to how the state's common-law approach differs from a UPAA jurisdiction's statutory approach.

Requirements for a Michigan prenup

What are the requirements for a prenup in Michigan?

Michigan doesn't lay out a detailed checklist in its statute the way some states do. Instead, courts apply the three-part test stemming from the landmark prenup case, Rinvelt v. Rinvelt, 190 Mich. App. 372 (1991). This prenup test consists of three questions:

1. Was the agreement obtained through fraud, duress, mistake, or misrepresentation or nondisclosure of a material fact;
2. Was the agreement unconscionable when it was signed; and
3. Have the facts and circumstances changed since signing in a way that makes enforcing it unfair and unreasonable.

In addition, Michigan law requires prenups to include financial disclosure of all assets, income, and debt of both parties and be in writing and signed. However, it does not have a statute spelling out formalities like notarization or a mandatory waiting period the way some other states do.

Requirements:

• In writing
• Signed by both parties
• Full financial disclosure of all assets, income, and debt
• Entered into voluntarily (no fraud, duress, mistake, or misrepresentation)
• Not unconscionable when signed
• Witnessed

Does a prenup need to be notarized in Michigan?

No, Michigan law does not require a premarital agreement to be notarized. Notarization isn't part of the Rinvelt test and isn't required by MCL 557.28. Even so, having the agreement notarized is a quick and inexpensive way to help establish that both parties actually signed the document and to head off any later argument about authenticity. You can have a prenup notarized by signing the document in front of a notary public and verifying your identity with them. Online notarization is offered through many different companies nowadays, including HelloPrenup.

Do both parties need a lawyer for a prenup in Michigan?

No, it's not a hard and fast requirement. Michigan doesn't have a statute requiring independent counsel before a spousal support waiver or any other provision becomes enforceable. That said, a court may call into question whether each party had a real opportunity to consult an attorney as a relevant factor to the first prong of the Rinvelt test (was the agreement obtained through fraud, duress, etc.). In other words, going without a lawyer doesn't automatically doom a Michigan prenup, but it does make it easier for the other side to later argue nondisclosure or unfairness if a dispute arises.

What makes a prenup invalid in Michigan?

Under the Rinvelt framework, a Michigan court can decline to enforce a prenuptial agreement if it finds the agreement was procured through fraud, duress, mistake, misrepresentation, or nondisclosure of a material fact; if the agreement was unconscionable at the time it was signed; or if circumstances have changed so dramatically since signing that enforcing the agreement as written would now be unfair and unreasonable. That third factor tells us that Michigan courts are willing to look not just at how the agreement was formed at the time of signing, but at whether it still makes sense to enforce years later.

How long before the wedding should I sign a prenup in Michigan?

Michigan has no statutory waiting period requiring a set number of days between finalizing the agreement and the wedding. Still, signing with enough lead time to actually read, understand, and (if desired) have an attorney review the agreement matters a great deal, since a rushed, last-minute signing is exactly the kind of fact pattern that supports an argument of duress or lack of real understanding under the first prong of Rinvelt.

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What can & can't be in a Michigan prenup

The benefits of a Michigan prenup Max Emmer, Esq. Michigan Attorney

Does cheating void a prenup in Michigan?

Not automatically, and Michigan's answer here is a little more nuanced than in many other states. Michigan divorces are filed on no-fault grounds (MCL 552.6), meaning a spouse doesn't have to prove wrongdoing to get divorced. But unlike some no-fault states, Michigan courts are still permitted to consider marital fault, including infidelity, as one factor when dividing property and awarding spousal support (Sparks v. Sparks, 440 Mich. 141 (1992)). This doesn't mean it's a dispositive factor though, and other factors may also come into play.

Are infidelity clauses enforceable in Michigan?

According to Michigan prenup attorney Max Emmer, "Michigan is a no-fault divorce state, so infidelity generally has little legal significance. As a result, infidelity clauses in pre-nuptial agreements can be difficult to enforce and often create more uncertainty than protection. Infidelity may still matter if it involves the dissipation of marital assets or negatively impacts the parties' children, but those issues can often be addressed under existing Michigan law."

Can a prenup include child custody in Michigan?

No. Custody decisions in Michigan are governed by the best-interest-of-the-child factors set out in the Child Custody Act, MCL 722.23, and that determination has to be made based on circumstances as they exist at the time custody is actually at issue, not years before during the making of a prenup agreement. In other words, parents cannot use a premarital agreement to lock in custody terms years before those terms would ever come into play, since doing so would improperly substitute a private contract for the court's obligation to protect the child's best interests at the relevant time.

Can a prenup protect a business in Michigan?

Yes. MCL 557.28 confirms that "property" contracts made in contemplation of marriage remain enforceable, and Michigan courts have long allowed engaged couples to use these agreements to define "property" as what happens to many types of property, including business interests. A prenup can specify that a business owned before the marriage, along with its future growth, appreciation, or any buyout proceeds, will remain the separate property of the owning spouse rather than becoming part of the marital estate subject to division.

Can a prenup protect inheritance in Michigan?

Yes. Under default Michigan law, courts generally treat gifts and inheritances as separate property (i.e., not divided in a divorce), though that protection isn't absolute because under MCL 552.401, a court can reach into separate property, including those inherited assets, if the other spouse contributed to its acquisition, improvement, or accumulation. A prenuptial agreement is a useful tool precisely because it lets a couple spell out in advance that inherited or gifted assets, and any growth in their value, will stay separate regardless of how the marriage plays out.

Marital property in Michigan

Is Michigan a community property state?

No, Michigan is an equitable distribution state, not a community property state. That's an important distinction: rather than starting from a presumption that everything acquired during the marriage is split 50/50, a Michigan court divides marital property in whatever way it finds fair under the circumstances, which can mean an equal split, but doesn't have to be equal, it can also be an unequal split.

How is property divided in a divorce in Michigan without a prenup?

Under MCL 552.19, a Michigan court has authority to divide marital property as part of a divorce judgment, and Michigan courts apply the factors from Sparks v. Sparks, 440 Mich. 141 (1992) to decide what's equitable. Those factors include the length of the marriage, the contributions of each party to the marital estate, the parties' ages and health, their earning abilities, their needs and circumstances, and, notably, the parties' past conduct during the marriage. Generally, property acquired before the marriage or received individually by gift or inheritance is treated as separate property and excluded from division, unless the other spouse contributed to its growth or upkeep under MCL 552.401.

Does a prenup override the default property division rules in Michigan?

Yes, a properly drafted and enforceable prenuptial agreement can change how property would otherwise be divided under Michigan's equitable distribution framework. A Michigan prenup is often used to add clarity and predictability to what would otherwise be a discretionary, judge-driven analysis for property division. For example, by defining upfront which assets are separate, how future property will be characterized, and how any jointly acquired property will be split if the marriage ends.

What is separate property in Michigan?

Michigan doesn't have a single tidy statutory definition of "separate property" the way other states do, but Michigan courts consistently treat property owned before the marriage, along with gifts and inheritances received by one spouse individually, as separate property that generally isn't divided in a divorce. That protection can be narrowed under MCL 552.401 if the other spouse contributed to the property's acquisition, improvement, or growth in value, which is one reason many Michigan couples use a prenup agreement to reinforce and clearly define what will remain separate.

Spousal support in Michigan

Spousal support in Michigan Max Emmer, Esq. Michigan Attorney

Can a prenup waive spousal support in Michigan?

Yes. Michigan courts have upheld spousal support (i.e., "Spousal Maintenance") waivers in premarital agreements as long as the agreement satisfies the Rinvelt test, meaning it wasn't procured through fraud, duress, or nondisclosure, wasn't unconscionable when signed, and circumstances haven't changed so much since signing that enforcing the waiver would now be unfair and unreasonable. That last factor gives Michigan courts more flexibility than some other states to revisit a support waiver if, for example, one spouse became seriously disabled during a long marriage in a way neither party anticipated when they signed.

Does a prenup prevent spousal support in Michigan?

It can, if drafted to do so and if it holds up under the Rinvelt test. Because Michigan courts have the authority under MCL 552.23 to award spousal support "as the court considers just and reasonable," a prenup that clearly waives support gives the court a strong basis to deny a later support request. Still, since Michigan's enforceability test includes a "changed circumstances" prong, a support waiver isn't necessarily airtight decades into a marriage if enforcing it would produce a genuinely unreasonable result.

How is alimony determined in Michigan without a prenup?

Michigan courts award spousal support under MCL 552.23, guided by the factors identified in cases like Sparks v. Sparks, 440 Mich. 141 (1992). Courts commonly weigh:

• The length of the marriage
• Each spouse's ability to work and earning capacity
• The parties' ages, health, and station in life
• The needs and circumstances of each party
• Each spouse's contributions to the marital estate
• The parties' past relations and conduct, including fault
• Whether one spouse's career or education was supported by the other

As in most states, no single factor automatically controls, and Michigan judges have significant discretion to weigh the marriage's overall circumstances.

How much does a prenup cost in Michigan?

How much does a prenup cost in Michigan?

According to Michigan prenup attorney Max Emmer, "The cost of a Michigan prenuptial agreement depends on the complexity of the parties' finances and whether the agreement is negotiated. Outside of HelloPrenup, a straightforward agreement often ranges from $2,500 to $3,500, while more complex matters involving substantial assets, business interests, or significant negotiations can exceed $7,500."

For comparison, in a national survey of family law attorneys, the average prenup cost landed around $8,000 per couple. Michigan's generally lower cost of living relative to states like California means many Michigan couples end up paying less than the national average for a comparably detailed agreement.

What is the cheapest way to get a prenup in Michigan?

The most affordable approach is usually to generate the agreement through an online prenup platform and then have a Michigan-licensed attorney review the finished draft at a flat rate, rather than paying an attorney by the hour to draft the entire document from a blank page. Platforms like HelloPrenup let couples complete a guided questionnaire to build the agreement, then connect with a Michigan-licensed attorney for review and explanation, combining lower cost with the legal input that helps the agreement hold up if it's ever challenged.

How much does a prenup lawyer cost in Michigan?

Family law attorneys handling premarital agreements in Michigan typically charge somewhere around $297 per hour, as this is the state average for attorney hourly rates. This rate also depends on the attorney's experience and location within the state. A simple agreement between two people with straightforward, easily categorized assets usually takes fewer billable hours than one involving business interests, trusts, or extended negotiation between each side's attorney.

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How to get a prenup in Michigan

How do I get a prenup in Michigan?

Couples in Michigan generally take one of two routes: (1) each partner hires a separate attorney, with one drafting the agreement and the other reviewing and negotiating on their client's behalf, or (2) the couple uses an online prenup platform to build the agreement themselves and then brings in an attorney (or two) for review. The first route tends to take longer and cost more, since an attorney is billing for both drafting and negotiation time. Generating a draft online first and using attorneys mainly for review is usually the quicker, less expensive path.

Can I write my own prenup in Michigan?

In theory, yes. Michigan doesn't require either party to have a lawyer for a prenuptial agreement to be enforceable, and there's no statute mandating counsel before a support waiver becomes valid. Practically speaking, though, a self-drafted agreement is more exposed to challenge under the Michigan Rinvelt test if the language is unclear, financial disclosure is incomplete, or one party later argues they didn't understand what they were agreeing to. Many couples draft the bulk of the agreement themselves through a guided platform and still have at least one attorney review it before signing.

How long does it take to get a prenup in Michigan?

Most couples should expect the process to take anywhere from a couple of weeks to a couple of months, depending largely on how quickly both parties gather their financial information and how available their attorneys are. When using an online platform, like HelloPrenup, the process takes much less time, more like a few hours to a few days, rather than a few weeks.

Full and honest financial disclosure is central to satisfying the Rinvelt test, so couples shouldn't rush this step, pulling together account statements, property records, and debt information properly the first time is far better than having to revisit disclosure gaps later if the agreement is ever challenged.

Do I need a lawyer to get a prenup in Michigan?

No, Michigan law doesn't require a lawyer to create a valid premarital agreement, as long as the agreement doesn't run afoul of the Rinvelt test's three prongs. Even without a strict legal requirement, having an attorney review the agreement is one of the most effective ways to reduce the risk of a future challenge based on nondisclosure, unfairness, or a misunderstanding of the terms.

Caselaw & enforceability

Are prenups enforceable in Michigan?

Yes, Michigan enforces premarital agreements as long as they hold up under the three-part test from Rinvelt v. Rinvelt, 190 Mich. App. 372 (1991). A party trying to avoid enforcement has to show the agreement was procured through fraud, duress, mistake, misrepresentation, or nondisclosure; that it was unconscionable when signed; or that circumstances have changed enough since signing to make enforcement unfair and unreasonable now.

For example, in Dollen v. Dollen, the Michigan Court of Appeals invalidated the prenuptial agreement under the Rinvelt framework because the wife proved there was inadequate financial disclosure. The court found the husband failed to fairly disclose the extent and value of his business assets, the wife was not represented by independent counsel, there was evidence he was secretive about his finances, and she did not fully understand the rights she was waiving. Applying the Rinvelt factors, the court concluded there was a presumption of nondisclosure that the husband failed to rebut, making the prenup unenforceable.

How hard is it to break a prenup in Michigan?

It's difficult, but Michigan's third Rinvelt factor gives challengers an avenue that doesn't exist in every state. Beyond attacking how the agreement was formed (fraud, duress, nondisclosure) or arguing it was unconscionable from the start, a spouse can also argue that circumstances changed so significantly during the marriage that enforcing the original terms would now be unfair. Courts don't grant that argument lightly, but it means a Michigan prenup can theoretically be revisited even years after signing in a way that's less common under a strict UPAA-style framework.

Can a judge throw out a prenup in Michigan?

Yes, but only within the boundaries set by Rinvelt v. Rinvelt, 190 Mich. App. 372 (1991). A judge can't set aside a prenuptial agreement just because the outcome seems unbalanced in hindsight; there has to be evidence tied to fraud, duress, nondisclosure, unconscionability at signing, or a significant, unanticipated change in circumstances. A properly disclosed, freely negotiated agreement is difficult to unwind under this framework.

What can void a prenup in Michigan?

Under Michigan's case-law framework, a prenuptial agreement can be voided or partially set aside if:

• It was obtained through fraud, duress, or mistake
• There was a misrepresentation or nondisclosure of a material fact
• The agreement was unconscionable at the time it was signed
• Circumstances have changed so substantially since signing that enforcement would be unfair and unreasonable
• A provision violates public policy or requires an illegal act

Outside of these grounds, Michigan courts generally hold parties to the terms they agreed to.

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Duration & after-marriage

How long does a prenup last in Michigan?

A Michigan premarital agreement generally remains in effect for the life of the marriage unless the couple builds in an end date (sometimes called a "sunset clause"). Some couples add this clause to end all or some of the agreement's terms after a certain number of years or on a specific anniversary. This is often done to reflect that a long marriage has become far more financially intertwined than it was on the wedding day. Michigan's "changed circumstances" prong under Rinvelt also means that, in practice, an agreement's terms can become more vulnerable to challenge the longer a marriage lasts and the more the couple's situation diverges from what they anticipated when they signed.

Can you get a prenup after marriage in Michigan?

No. By definition, a prenuptial agreement has to be signed before the wedding. Prenuptial agreements must be executed before the marriage takes place because they are entered into in contemplation of marriage. Once you're legally married, you can no longer create a valid prenuptial agreement, though you may consider a postnuptial agreement instead.

Can you change a prenup in Michigan?

Yes, a Michigan premarital agreement can be amended, generally through a new written agreement signed by both spouses, following ordinary contract principles. The same laws that applied to the prenup generally apply to amendments, as well. Couples may want or need an amendment if circumstances have changed so significantly that the original agreement no longer makes sense.

Cross-border & recognition

Is a prenup signed in another state valid in Michigan?

Michigan courts generally apply standard contract-law choice-of-law principles to premarital agreements, meaning a Michigan court will typically honor a choice-of-law provision naming another state's law, as long as that state has a reasonable relationship to the parties or the agreement and enforcing the provision wouldn't violate Michigan public policy. Because Michigan isn't a UPAA state, there's less uniform cross-state alignment to lean on than a couple would have moving between two UPAA states, which makes a clearly drafted choice-of-law clause especially useful for a couple with ties to Michigan and another state.

What happens to my Michigan prenup if I move to another state?

This depends on how the new state's law treats out-of-state premarital agreements and choice-of-law provisions. Many states will respect a Michigan choice-of-law clause and apply Michigan's Rinvelt-based standard to interpret the agreement, particularly if the couple had a meaningful connection to Michigan when they signed it. Other states may still apply their own public policy limits to specific provisions, even while generally deferring to the parties' choice of law. The practical lesson for Michigan couples who may relocate is that a well-drafted choice-of-law clause improves the odds that Michigan's more flexible, case-law-driven standard will continue to apply, but it isn't a guarantee in every jurisdiction.