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Michigan Family Law Blog

Prenuptial Agreements in Michigan

Posted by Cameron Goulding | May 03, 2023 | 0 Comments

Prenuptial agreements in Michigan are frequently misunderstood. They are not just important tools to use to protect yourself and your assets going into a marriage; they offer transparency, and that's a good place to start a marriage.

At North Oakland County Michigan Family Law, PLC, our family law attorney in Oakland County can help you understand if a prenuptial agreement is right for you. Contact us online or at (248) 608-4123 to schedule a consultation and learn more.

Prenuptial Agreements in Michigan

When two people are about to head down the aisle, they sometimes enter into a prenuptial agreement first. A prenuptial agreement is a before-marriage contract that lays out the specifics of what will happen to the property they own should the marriage fail. 

Prenuptial agreements in Michigan can be used to address many different issues, including: 

  • What property should be considered marital and what should be considered separate? Instead of having a judge decide this matter pursuant to the laws of your state, you can decide beforehand. 
  • Protections for certain property. For example, if the engagement ring is a family heirloom on the spouse's side, the parties may agree that in the event of divorce, the ring goes back to the husband.
  • You may agree that should one or both spouses want a divorce, the parties are required to go through mediation or arbitration.

Prenuptial agreements in Michigan and most states cannot be used to address certain issues, including:

  • Custody and issues of child support are not allowed to be addressed in prenuptial agreements. The court will determine what is in the child's best interest, not the parents.
  • Courts do not like provisions that address personal rather than financial issues. For example, a prenuptial agreement should not contain a provision stating where the parties will spend their Christmases.
  • A prenuptial agreement should not be used to address anything that is illegal. For example, if the family earns money through the sale of illegal drugs, who gets that business in case of divorce is not allowed to be addressed.

Who Should Have a Prenuptial Agreement in Michigan?

While most people will benefit from the use of a prenuptial agreement, it is especially beneficial for people in the following situations:

  • If you own a business, it is a good idea to look into a prenuptial agreement. This helps protect the business in case of divorce. 
  • If you own significant assets, a prenuptial agreement is a good idea to keep them protected.
  • If you have children from a previous marriage, a prenuptial agreement can assist in protecting the inheritance of those children.

Prenuptial agreements can and do provide needed protection to people from all walks of life. 

Do You Need a Family Law Attorney in Oakland for a Prenuptial Agreement?

While you may be tempted to draft your own prenuptial agreement before getting married, in Michigan it is essential for at least one of the parties to have an attorney draft and execute the contract.  It is best if both parties have an attorney represent them in the negotiation and drafting of the agreement and necessary documents.  Courts are much more likely to enforce a prenuptial agreement if it has been drafted by an attorney and reviewed by another attorney.  Where both parties have been represented, it helps to ensure the enforceability of the contract when it counts. 

Contact a Prenuptial Agreement Lawyer in Oakland County Today

Protecting your assets and family are important. Make sure your prenuptial agreement in Michigan is designed to do just that but in a way it complies with the law. At North Oakland County Michigan Family Law, PLC, our family law lawyer will review, draft, and negotiate a prenuptial agreement on your behalf, ensuring that your interests and rights are heard and upheld. Contact us either online or directly at (248) 608-4123 to schedule a Consultation.

About the Author

Cameron Goulding

A native of Oakland County, Michigan, family lawyer Cameron C. Goulding has been providing counseling and legal services of the highest caliber to individuals and families in Southeastern Michigan for over 24 years. Mr. Goulding grew up in Oakland County, Michigan and graduated from Birmingham G...


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