Prenuptial Agreement in
Michigan

Yes. Michigan follows the Uniform Premarital Agreement Act (MCL § 557.28 et seq.), which makes written prenups enforceable when both parties sign voluntarily with adequate financial disclosure and without unconscionable terms.

Yes. A prenup can designate a family cottage or lakefront property as separate property that will not be divided in a divorce, which is particularly valuable for properties that have been in a family for generations.

Michigan courts divide marital property equitably, not necessarily equally, taking into account each spouse's contributions, the length of the marriage, and economic circumstances. A prenup lets couples define the division in advance.

Yes. Michigan law permits prenuptial provisions modifying or waiving spousal support. Courts will examine such provisions for voluntariness and may decline to enforce them if they are unconscionable.

Michigan courts set aside prenups obtained through fraud, duress, or mistake; signed without disclosure of the other party's assets; or unconscionable when executed. A court may also decline enforcement if circumstances changed so significantly since signing that holding the parties to the deal would be unfair. And under Allard v. Allard, even a valid agreement can't strip a judge of statutory power to invade separate assets when one spouse's award is otherwise insufficient. Full disclosure and early, voluntary signing avoid most of these traps.

No Michigan statute requires notarization or witnesses for a prenuptial agreement — a written agreement signed by both parties before the wedding is what the law requires. Notarizing is still recommended: it creates reliable proof of when the agreement was signed and by whom, which matters if voluntariness or timing is ever questioned. Couples can prepare the agreement themselves and simply sign it before a notary at any bank, UPS store, or credit union.

Michigan attorneys generally charge $1,500 to $4,000 to draft a prenuptial agreement, with metro Detroit, Ann Arbor, and Grand Rapids practices at the higher end and complex business or inheritance planning pushing costs above $5,000. Creating the agreement online for a flat $349, attaching thorough financial disclosures, and signing well before the wedding covers the fundamentals Michigan courts look for; an optional review by a local attorney can be added for a modest hourly fee.

With prenups.ai, you can have a draft prenuptial agreement in under 20 minutes. Traditional attorney routes in Michigan typically take 2–6 weeks due to scheduling, drafting, negotiation, and review. No specific statutory timing requirement. Adequate time for review and counsel is recommended. We recommend starting the process at least 2–3 months before your wedding to allow time for review and any revisions.

Yes. Michigan does not require you to have an attorney to create a valid prenuptial agreement. However, having each party consult with independent legal counsel significantly strengthens enforceability. Many couples use prenups.ai to create the initial draft and then have it reviewed by attorneys, which is much more affordable than starting from scratch.

Without a prenup, Michigan's default equitable distribution rules apply. Michigan follows equitable distribution. Marital property is divided fairly by the court. A prenup lets you define your own terms instead of leaving these decisions to state law or a judge's discretion.