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Michigan is a "no-fault" divorce state.  This means that while both people must say "I do" to get married, either person may decide to get divorced for good reasons, bad reasons or no reason at all and the other spouse has no say in the matter whatsoever.  For better or worse, people change over time and things happen, you need a prenuptial agreement to protect you.  This blog is written to generally address prenuptial contracts in Michigan, if you have concerns about your own particular situation, please do not hesitate to contact us by clicking on this link.

Prenuptial Agreements Are Valid And Binding Contracts In Michigan.

It is well established law in Michigan that prenuptials are valid and enforceable, the Michigan Supreme Court has ruled that "people may decide to be captains of their own financial ship" and appear to encourage parties to enter into prenuptial agreements.  The courts have come to the realization that prenuptial agreements actually encourage marriage and civility.  Frankly there are several reasons that most divorce lawyers or family law attorneys in Michigan highly recommend people get a prenuptial contract signed before marriage.  

First, prenuptial agreements require the parties to disclose their financial assets, debts and current incomes.  This way neither party is coming into the marriage blind as to how significant the other's assets or debts really are.  This is far better than potentially being blindsided by debilitating debt or being gaslighted regarding expenses by someone who actually has significant assets.

Second and most importantly, prenuptials allow the parties to define what will happen financially in the event of divorce, separation or death.  It can define the parties' rights to each other's pre-marital property and inheritances.  The parties can protect their own incomes and insulate themselves from each other's debts and spending so that each party is able to retain their own savings and property they purchase with their own income and not be liable for the other party's debts.  Without a prenuptial agreement, all debts, savings and property are considered joint and to be shared equally regardless of which party is responsible for incurring the debt, earning the income or saving the money.  Prenuptials can eliminate alimony (spousal support as it is called in Michigan) or alternatively define it and limit it.  If you would prefer to just use the prenuptial to protect premarital property or inheritances or address any one of these financial issues and leave the rest to fate, that can be done as well.

If you or a family member are considering marriage, please do not hesitate to contact us to schedule a consultation by clicking on this link or calling at (248) 608-4123.