Michigan-licensed attorneys drafting prenuptial and postnuptial agreements for couples across the state. Flat-fee pricing, a fully virtual process, and an experienced attorney managing your agreement from consultation through signing.
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Prenuptial agreements in Michigan, often called antenuptial agreements, are governed by case law rather than a uniform statute. Michigan has not adopted the Uniform Premarital Agreement Act. A statute permits these agreements, and the key cases are Rinvelt v. Rinvelt (1991), which established that prenups are enforceable in divorce, and Allard v. Allard (2017), which set an important limit on what they can do.
Michigan is an equitable distribution state, not a community property state. Without a prenuptial agreement, a court divides marital property in a way it considers equitable, which is not the same as an even split. A prenuptial agreement lets you set out your intentions in advance, though as explained below, Michigan keeps more discretion in the court’s hands than many states.
Under Rinvelt, a Michigan prenuptial agreement is enforceable unless the party challenging it shows one of three things:
That third factor means Michigan, like a few other states, can take a second look at an agreement at the time of divorce. Importantly, changes that were reasonably foreseeable when the agreement was signed are not grounds to set it aside. It is the genuinely unforeseeable changes, like a serious disabling illness, that matter.
There is a second, distinctly Michigan point that every couple should understand. In Allard v. Allard, the Michigan Court of Appeals held that a prenuptial agreement cannot strip a divorce court of its statutory power to divide property fairly. Michigan statutes give judges the authority, in certain circumstances, to award one spouse a share of the other’s separate property, for example where one spouse contributed to its growth or where the marital estate is not enough for suitable support. Allard held that a prenup cannot contract that authority away. In practical terms, a Michigan prenup is a strong and worthwhile planning tool, but it cannot absolutely guarantee that separate property will never be touched, because the court keeps a measure of equitable discretion. A well-drafted Michigan agreement works with that reality rather than pretending it does not exist.
To be valid, the agreement must be in writing, signed, fairly executed, and entered into voluntarily after full disclosure of each party’s assets, debts, and income. Notarization is recommended, and independent counsel for each party strengthens enforceability.
Michigan enforces prenups, but with more judicial discretion than most states. Two things matter most here. First, the Rinvelt test lets a court take a second look at the agreement at divorce if unforeseeable circumstances have made enforcement unfair. Second, under Allard, a prenup cannot completely take away a court’s statutory power to divide property fairly, including separate property in some situations. A Michigan prenup is well worth having, but it should be drafted to work within those limits, not to over-promise. That is exactly how we approach it.
$150, credited toward your agreement.
Custom to Michigan law, no templates.
Revisions included in the flat fee.
Fully virtual, with online notarization coordinated for you. Michigan does not impose a statutory waiting period, but because Michigan courts weigh fairness, disclosure, and timing closely, we build in full disclosure and enough time before the wedding to keep the agreement on solid footing.
Flat fee. Clear scope. No surprises.
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We work with couples across Michigan, from Detroit, Grand Rapids, and Ann Arbor to Lansing, Sterling Heights, Warren, Troy, and Kalamazoo. Because our entire process is virtual, where you live in the state makes no difference to the quality or speed of your agreement. You work directly with a Michigan-licensed attorney by video and secure document exchange, on a schedule that fits your timeline before the wedding.
If you searched for a prenup attorney near you, you do not need an office down the street. You need an attorney who focuses on prenuptial agreements, understands the Rinvelt and Allard line of Michigan cases, and can manage the entire process from first consultation to final signature without you ever sitting in a waiting room. That is exactly what we do.
I spent years helping couples navigate divorce. The financial damage I saw was not inevitable. Assets split under laws couples never understood, decades of work undone. Most of it could have been addressed clearly and fairly before the wedding with a well-crafted prenuptial agreement. I built Prenups.com to make that process accessible for any couple that wants to start their marriage on the same page, financially and legally.
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A prenuptial agreement in Michigan, often called an antenuptial agreement, is a written contract signed before marriage that sets out how a couple’s property, debts, and spousal support will be handled if the marriage ends in divorce or death. Michigan has no prenup statute governing enforceability, so these agreements are governed by case law, primarily Rinvelt v. Rinvelt and Allard v. Allard.
Yes, but Michigan courts keep meaningful discretion. Under Rinvelt, a prenup is enforced unless it was obtained by fraud or nondisclosure, was unconscionable when signed, or has become unfair to enforce due to unforeseeable changed circumstances. Under Allard, a prenup also cannot completely take away a court’s statutory power to divide property equitably.
A valid Michigan prenup must be in writing and signed, fairly executed, and entered into voluntarily after full disclosure of each party’s assets, debts, and income. Notarization and independent counsel for each party are strongly recommended. The agreement should also be drafted with the Allard limitation in mind, since a court retains some equitable discretion.
At Prenups.com, a Michigan prenuptial agreement is a flat fee of $3,500. There is no hourly billing and no surprise charges. The fee includes drafting, all revisions and negotiation, and coordinated online signing. Postnuptial agreements are $4,500. Complex or high net worth matters are handled through our Platinum service starting at $10,000.
Most Michigan prenuptial agreements are completed in about two to three weeks from the initial consultation, depending on how quickly both parties review and respond. We recommend starting well before the wedding so there is no time pressure, since Michigan courts look closely at the circumstances of signing when assessing fairness.
Yes. A prenuptial agreement must be signed before marriage and takes effect on the date of marriage. If you are already married, a postnuptial agreement is possible, but Michigan treats postnups more cautiously and generally requires that they be made with the intent to preserve the marriage. Signing a prenup well before the wedding helps show it was voluntary.
Yes. Under Rinvelt, a Michigan prenup can be challenged if it was obtained through fraud, duress, mistake, or nondisclosure, if it was unconscionable when executed, or if unforeseeable changed circumstances have made enforcement unfair and unreasonable. Separately, under Allard, a court can still exercise its statutory power to divide property equitably despite the agreement.
A Michigan prenup can address division of property and assets, the intended treatment of separate property, spousal support and attorney fees, debts, gifts, and inheritances, protection of a business, and estate planning, including protection for children from prior relationships. It cannot, however, completely remove a court’s equitable authority over property division.
A Michigan prenup cannot determine child support, custody, or parenting time, which the court decides based on the child’s best interests. Under Allard, it also cannot completely strip a divorce court of its statutory power to divide property fairly, including invading separate property in certain situations. And it cannot include terms that violate public policy or law.
Michigan does not strictly require each party to have a separate attorney, but independent counsel strengthens the agreement by supporting full disclosure and voluntary, informed signing. Given Michigan’s fairness-focused review and the Allard limitation, independent representation for each party is strongly recommended.
Yes, and it is one of the main reasons to have one, but with a Michigan-specific caveat. A prenup can identify a business as separate property and set out how its growth is treated. However, under Allard, a court retains some discretion to consider that property in dividing the estate, so a Michigan business-protection clause should be drafted realistically rather than as an absolute guarantee. This is especially important for founders and practice owners.
Yes, but Michigan is more cautious with postnups than most states. Under Hodge v. Parks, a Michigan postnuptial agreement generally must be made with the intent to preserve the marriage, and postnups that appear to contemplate or facilitate divorce can be challenged. A Michigan postnup needs careful drafting. At Prenups.com, a Michigan postnuptial agreement is a flat fee of $4,500.
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