Whether you find yourself in the picturesque settings of New Buffalo or Traverse City, or the bustling cities of Detroit or Grand Rapids, contemplating the services of a prenuptial agreement lawyer might be a good choice in the Great Lakes State (i.e., Michigan, of course). Imagine this: it’s a gorgeous Michigan summer day, you are sitting lakeside, you’ve just tied the knot, and your carefully crafted prenuptial agreement is securely in place (well before the wedding, of course). As you bask in the joys of matrimony, you’re also assured of financial stability through your prenup. You reach for one of Michigan’s finest brews and raise a toast to the promising journey ahead. It all sounds pretty fantastic, doesn’t it? And the good news is, this could be your reality before you know it. So, take a seat and join us, as we dive into the realm of prenuptial agreements, exploring everything from the role of prenup lawyers to the specific prenup requirements that apply in the state of Michigan.
Prenuptial agreement requirements in Michigan
Did you know that every state has its own requirements for what makes a valid and enforceable prenup agreement? What may be enforceable in Michigan might not be in another state, and vice versa. There is something called the UPAA (Uniform Premarital Agreement Act) that attempts to unify the legal requirements of a prenup across the U.S., but only some states have adopted it. Michigan has not adopted it, so it has its own rules for making and enforcing prenups.
We spoke with our prenuptial agreement lawyer friend in Michigan, Max Emmer, and he explained what the validity and enforceability requirements in Michigan are: “Parties must make complete financial disclosures to one another, and, have ample time to review, discuss, comment, and negotiate these proposed Agreements. Failure to make it a transparent, fair, and equitable process can jeopardize the validity or enforcement of the agreement at a later date should the marriage be dissolved.”
In addition to financial disclosures and having enough time to negotiate, as Max Emmer, MI prenup attorney stated above, Michigan prenups must also:
- Be in writing
- Be signed by both parties
- Be entered into voluntarily
On top of that, it is often recommended that you get your prenup notarized and witnessed, but it’s not a strict requirement by Michigan law.
Do I need a lawyer for a prenup in Michigan?
We went right to the source—a Michigan prenup attorney himself, Max Emmer at Emmer Law explains, “While parties, legally, can work on and formalize these agreements on their own, a specialized attorney will do their best to ensure you have as fair, reasonable, and, most importantly, enforceable, an agreement as possible. You are most likely going to have a number of questions about your legal rights and interests relating to your prospective marriage – an experienced lawyer can answer those questions and help you navigate this process which can often bring out a host of different feelings and emotions.”
So, to sum it up, no, you don’t *technically* need a lawyer to create a valid and enforceable agreement in Michigan, but hiring an attorney will help increase those odds.
And, remember, you and your partner cannot share the same attorney for your prenup in Michigan, as that would create a conflict of interest of the attorney. They cannot zealously advocate for both parties to the same contract–it’s like one person trying to play tennis against themselves, it’s impossible!
What does a MI prenup lawyer do?
Wondering about the role of a prenup lawyer? Rest assured, it’s not a covert mission to hire a divorce attorney in disguise (phew!). In fact, the aim of a good prenup attorney is to bolster the foundation of your marriage, not to orchestrate its dissolution. And here’s a little secret – not all prenup lawyers even do divorces!
When you hire a prenup lawyer, your primary mission is to have them draft your prenuptial agreement. While it’s true that down the road, if the need arises, you could potentially engage them as your divorce attorney, but that’s not something you need to worry about at this point. The focus now is on creating a document that safeguards your interests and lays the groundwork for a harmonious and long-lasting marriage.
But, without further ado, we’ll lay out some of the things you can expect from your prenup lawyer:
- Initial consultation to meet
- Initial intake call where your lawyer will ask you questions, discuss finances, and learn about your prenup objectives
- Draft the agreement
- Negotiate the terms with your partner’s lawyer on your behalf
- Explain the contract terms to you
- Answer any legal questions you may have
- Help you with finalizing the agreement (signatures, notaries, witnesses, etc.)
We’d like to emphasize that a prenuptial agreement lawyer is your trusted navigator as you start the journey of marriage with your partner. This should be a time of happiness, not hostility. Creating a prenup is the first step you take toward a lifetime filled with marital bliss.
How do I find a good prenup lawyer in Michigan?
Who could offer more valuable insights on this matter than a seasoned Michigan prenuptial agreement attorney? We consulted with Max Emmer, a lawyer specializing in Michigan prenups, who graciously shared advice on the art of finding the perfect prenup lawyer:
“You should search for a lawyer who (1) regularly handles the drafting, review, and negotiation of pre-nuptial agreements in the State of Michigan and (2) is an excellent communicator to ensure you are as informed, educated, and comfortable as possible during this unique process. Unfortunately, these agreements are often left until the last minute (much against my advice and encouragement), so, working with a lawyer who is attentive, communicative and on-the-ball is critical.”
We’d also like to add to that by saying a “good” prenup lawyer is also one that you feel comfortable with. Remember, you will be sharing intimate details about your finances and personal relationship with this person, so make sure you feel comfortable speaking with them.
Furthermore, seek a lawyer with a strong emphasis on cooperation. Your prenuptial agreement attorney should be dedicated to fostering collaboration and nurturing an enduring marital relationship.
How much does a prenup lawyer in Michigan cost?
We’re going to be honest with you. Legal fees are rarely cheap. The average cost of a Michigan family law attorney is $294 per hour. But how many hours will they take to make your prenup, you ask? Well, that depends. Let’s say you have fairly simple finances and basic prenup requests. That may take a lawyer around, say, 11 hours from start to finish (2 hours of consultations, 3 hours of drafting, 4 hours of negotiations, 2 hours of review/finalization). If that is the case, you’re looking at a cost of $3,234 for an average prenup in Michigan. And that’s for basic finances and simple prenup requests!
The cost of a prenup lawyer is varied based on several factors. For starters, the skill of the attorney you hire will play a part in the expenses. Someone who is fresh out of law school versus a 10+ year prenup vet will likely have different rates. Next up, the cost of living in the area you live will play a role. For example, a prenup lawyer in the wealthy suburb of Birmingham, MI may have a much higher cost than one in Flint. Also, the complexity of your case will take a part in the cost. The more complex your finances, the more financial documents your lawyer has to sift through. And if you have extremely complex prenup requests that will require more drafting time, you’re also looking at a higher cost.
Hello Prenup cost vs. Manhattan Beach lawyer cost
You might wonder about the cost comparison between a Manhattan Beach prenup lawyer and HelloPrenup. Let’s break it down.
The average cost of a CA prenup may vary depending on whether you get a lawyer with a flat rate or an hourly rate. The average hourly rate of a lawyer in CA is $358 per hour. Let’s say you have basic prenup goals and simple finances. A prenup may take a lawyer, in that case, around 11 hours (2 hours of consultations/initial meetings, 3 hours of drafting, 4 hours of negotiations, and 2 hours of review/finalization). That would come out to an average of about $3,938 for a prenup in California ($358 x 11 hours). And remember, Manhattan Beach is more expensive than your average town in Cali.
At HelloPrenup, the rate is $599 per couple, and this includes the entire prenup! You also have the option of adding legal services from local attorneys in California for a flat-rate, discounted price. That’s right–flat rates! Discounted! If you want to waive spousal support in your prenup in CA, you can make sure you do so with legal representation (as required by CA law) and hire an attorney directly through our platform. Let’s say you don’t want to waive spousal support, but you simply want a CA attorney to review your prenup for peace of mind. This can cost you as little as an additional $199 flat! Let’s say you want to waive spousal support, so you now require legal representation. That will cost you an additional $699.
Michigan prenup lawyer cost vs. HelloPrenup cost
Don’t fret–HelloPrenup is here! No longer do you need to be worried about the intimidating expenses of hiring a prenup lawyer. HelloPrenup provides you with the convenience of both creating your prenup online and the choice to retain a lawyer, all at affordable rates. Here’s how it works: after registering on HelloPrenup and inviting your future spouse, you each complete an individual questionnaire. If any aspects require negotiation due to disagreements, you can collaboratively work them out. Once everything is settled, generate your prenup. And if you want, you can opt to include a Michigan attorney for a flat-rate, discounted fee.
You are writing your life story.
Get on the same page with a prenup.
For love that lasts a lifetime, preparation is key. Safeguard your shared tomorrows, starting today.
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.
Consider reaching out to Max with any Michigan prenup questions, or concerns, and if you would like advice or representation.