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Michigan Prenuptial Agreements have been upheld by the Michigan Courts, read below for more information.

A prenuptial agreement in Michigan or  "prenup," is a binding legal contract between two people who intend to  marry.

A postnuptial agreement in Michigan is an binding legal contract between two people who are already married.

Prenuptial agreements are most common in Michigan in second marriages or in  marriages where one party enters the marriage with significantly more wealth or earning potential.

Generally, the purpose of a postnuptial agreement or a prenuptial agreement in Michigan is to:

1. Protect certain assets of the parties in the event of a divorce or the death of a spouse
2. Protect the incomes of the parties in the event of a divorce or the death of a spouse
3. Provide for distributions of the assets and the debts of the parties  in the event of a divorce or the death of a spouse

Although a Michigan prenuptial or post nuptial agreement may include provisions for future child custody and  child support in the event of a divorce, these  provisions are generally not binding.

Very few prenuptial agreements have actually been tried in the Michigan  Court of Appeals.  So, we have very little guideline as to how the  Courts will interpret all of the provisions of prenuptial agreements.

However, if a prenuptial or postnuptial agreement in Michigan does not violate the following, it will generally be valid and enforceable in Michigan.

1. The Michigan prenuptial or postnuptial agreement is not obtained through fraud, duress, mistake, misrepresentation or nondisclosure of material fact.
2. The Michigan prenuptial or postnuptial agreement is not unconscionable when executed.
3. The facts and circumstances have not materially changed since the agreement was executed to the point that enforcement of the agreement would be unfair and unreasonable.

Although there is no firm requirement that both parities be represented by an attorney before signing a prenuptial or postnuptial agreement in Michigan, the prenuptial agreement will most likely not be upheld by a Court in Michigan if one of the parties to the agreement was not represented by counsel.

Not every couple in Michigan needs a prenuptial agreement. 

However, there are certain circumstances in Michigan when one should consider entering into a prenuptial agreement or postnuptial agreement, especially if at the time of the agreement one party:

1. owns a home,
2. owns assets that could increase in value during the marriage
3. owns a business
4. has received an inheritance or expects to receive an inheritance during the marriage
5. has significantly more wealth than the other
6. has children from another relationship
7. has a large amount of debit
8. has a history of financial instability
9. has a tax debt or has a history of not paying taxes

State regarding the following are usually included in a prenuptial agreement or a post nuptial agreement in Michigan:

1. A full accounting of both partes' assets.
2. A full accounting of both partes' debts
3. Intentions regarding inherited assets  in the event of a divorce or the death of a spouse
4. Intentions regarding premarital assets and debts in the event of a divorce or the death of a spouse
5. Intentions regarding assets and debts incurred during the marriage in the event of a divorce or the death of a spouse
6. Intentions regarding distribution of assets and debts in the event of the death of a spouse
7. Intentions regarding how assets should be divided between the parties children in the event of a divorce or the death of a spouse
8. Intentions regarding how income taxes will be paid during a marriage
9. Other financial considerations to be made  in the event of a divorce or the death of a spouse

The drafting and the review of a prenuptial agreement in Michigan can be extremely complex.  If you believe that you need a Michigan prenuptial agreement or postnuptial agreement, you should contact and experienced Michigan prenuptial lawyer.

Attorney Ellen Paynter is an experienced Michigan prenuptial and postnuptial attorney.  Attorney Ellen Paynter has drafted and reviewed multiple Michigan prenuptial agreements and multiple Michigan postnuptial agreements.