Family Law Attorney — Birmingham, MI | Serving Oakland, Macomb, Wayne, Livingston, Monroe & surrounding counties
Family Law Attorney — Birmingham, MI | Serving Oakland, Macomb, Wayne, Livingston, Monroe & surrounding counties
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Michigan enforces prenuptial agreements under MCL 557.28, which provides that a contract relating to property made between persons in contemplation of marriage remains in full force after the marriage takes place.
Oakland County circuit courts apply the three-factor enforceability test from Rinvelt v. Rinvelt (190 Mich App 372, 1991) when a prenup is challenged during divorce proceedings.
Logan Jacobson Mackensen, J.D., a family law attorney licensed in Michigan, Ohio, and California, drafts prenuptial and postnuptial agreements for couples across Livingston, Monroe, and other Counties from the firm's Birmingham office.
A prenuptial agreement drafted with enforceability in mind protects both parties from costly litigation if the marriage ends — schedule a free consultation with Mackensen Law to start the process.
A prenuptial agreement is a written contract between two people who intend to marry, governing how assets, debts, and financial rights will be handled during the marriage and divided if the marriage ends in divorce or upon a spouse's death. Michigan law has authorized prenuptial agreements by statute since 1981 under MCL 557.28.
Before 1991, Michigan courts enforced prenuptial agreements only upon the death of a spouse, not in divorce. The Michigan Court of Appeals changed that precedent in Rinvelt v. Rinvelt (190 Mich App 372, 1991), holding for the first time that prenuptial agreements governing property division in divorce are enforceable in Michigan.
The Rinvelt decision rejected the argument that prenuptial agreements weaken marriages, reasoning instead that such agreements promote marriage by allowing individuals to protect their financial interests before entering the relationship.
A well-drafted prenuptial agreement reduces uncertainty for both spouses, limits the scope of contested issues if divorce occurs, and minimizes the cost and duration of divorce litigation. Mackensen Law drafts every agreement with Michigan's enforceability standards in mind from the first consultation.
Michigan prenuptial agreements can address any financial matter that does not violate Michigan law or public policy. The scope is broad, but Michigan courts impose clear limits on what a prenup may and may not include.
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Michigan courts apply the three-factor test established in Rinvelt v. Rinvelt (190 Mich App 372, 1991) when a party challenges a prenuptial agreement in a divorce proceeding. A Michigan circuit court will refuse to enforce a prenuptial agreement if any one of the three factors is established.
The three Rinvelt factors are:
One party obtained the agreement through coercion, deception, or nondisclosure of material facts. Agreements signed days before the wedding face heightened scrutiny for duress.
The terms were so one-sided at the time the agreement was signed that no reasonable person in the disadvantaged party's position would have agreed to them.
The facts and circumstances have changed so significantly since execution that enforcing the agreement would produce an unfair and unreasonable result.
The Michigan Court of Appeals in Allard v. Allard (318 Mich App 583, 2017) added an important limitation. The Allard court held that parties to a prenuptial agreement cannot deprive a Michigan court of its statutory power and duty to create an equitable property division under MCL 552.23(1) and MCL 552.401. A prenup that attempts to strip the court's equitable authority entirely may be unenforceable regardless of whether it satisfies the three Rinvelt factors.
Michigan law and case law together establish five requirements that strengthen a prenuptial agreement against future challenge:
Logan Mackensen ensures every prenuptial agreement drafted by Mackensen Law satisfies each of these requirements so the document holds up if challenged in Oakland County circuit court or any Michigan jurisdiction.
A postnuptial agreement serves the same purpose as a prenuptial agreement — governing property division and financial rights — but the parties execute it after the marriage has already taken place. Michigan courts scrutinize postnuptial agreements more closely than prenuptial agreements because of the fiduciary duty that exists between spouses.
Before marriage, two individuals negotiate at arm's length without any legal obligation to protect each other's financial interests. After marriage, Michigan law imposes a fiduciary duty on each spouse — the duty to act in good faith and with fairness toward the other.
The Michigan Court of Appeals in Hodge v. Parks (2014) established that postnuptial agreements must demonstrate intent to preserve the marriage, not facilitate divorce.
Because of the fiduciary duty, Michigan courts evaluate postnuptial agreements for:
Couples who did not execute a prenuptial agreement before marriage may still protect their financial interests through a postnuptial agreement. Mackensen Law drafts postnuptial agreements that account for the heightened fiduciary standard Michigan courts apply.
Couples should begin the prenuptial agreement process at least three to six months before their wedding date. Starting early serves two important purposes: it gives both parties sufficient time to review the agreement, negotiate its terms, and consult with independent legal counsel, and it helps minimize the risk of claims that the agreement was signed under duress due to last-minute pressure.
Michigan courts have scrutinized agreements signed in the days immediately before a wedding, reasoning that the social and financial pressure of an imminent ceremony may constitute duress. A prenuptial agreement signed three or more months before the wedding demonstrates that both parties had time for thoughtful consideration, independent legal review, and voluntary consent.
The drafting process typically follows this sequence. Logan Mackensen meets with the client to identify assets, debts, income, and goals for the agreement. One attorney prepares a draft and provides it to the other party's attorney for review.
The parties, thereafter, negotiate terms through their respective counsel. Mackensen Law is diligent about including client’s participation in revisions and negotiations of terms. Communication with clients is one of the most important aspects of this process. Mackensen Law will advise, but it’s the client’s life and ultimately their choice.
Both parties sign the final agreement with full financial disclosure attached as exhibits, and the agreement is notarized. Mackensen Law works efficiently to meet compressed timelines when necessary — without sacrificing the enforceability standards that protect the agreement in the long term.”
The cost of a prenuptial agreement in Michigan depends on the complexity of the marital estate, whether both parties retain independent counsel, and the extent of negotiation required between the parties.
Straightforward agreements between couples with modest assets and no business interests typically cost $2,500 to $5,000 in attorney fees, depending on who is initially drafting the agreement. Agreements involving business valuations, two or more real estate holdings, trust assets, or significant income disparities commonly range from $4,000 to $7,500.
Complex agreements requiring forensic accounting, coordination with estate planning attorneys, or extended negotiation may exceed $10,000.
The cost of a prenuptial agreement represents a fraction of the litigation cost a contested divorce produces when no prenup exists — contested divorces in Oakland County routinely cost $5,000 to $20,000 or more in attorney fees alone.
The cost of a prenuptial agreement represents a fraction of the litigation cost a contested divorce produces when no prenup exists — contested divorces in Oakland County routinely cost $5,000 to $20,000 or more in attorney fees alone.
| Agreement Type | Typical Attorney Fee Range |
|---|---|
| Straightforward agreement (modest assets, no business) | $2,500 – $5,000 |
| Agreement involving business, multiple real estate holdings, or trust assets | $4,000 – $7,500 |
| Complex agreement with forensic accounting or extended negotiation | $10,000+ |
| Contested divorce in Oakland County (no prenup — for comparison) | $5,000 – $20,000+ |
Prenuptial Agreements in Michigan
A prenuptial agreement functions as a contract, and both spouses may amend or terminate it at any time through mutual written consent. An amendment requires a signed written modification, and a termination requires a signed written revocation. Retaining an attorney to draft either document strengthens its enforceability.
Michigan courts do not guarantee enforcement. Under the Rinvelt three-factor test, a court may refuse to enforce a prenup obtained through fraud or duress, one that was unconscionable at the time of execution, or one in which changed circumstances make enforcement unfair. The Allard decision further limits enforcement when the terms strip the court of its equitable authority.
Michigan prenuptial agreements may include provisions designating future earnings, assets acquired during the marriage, and the appreciation of separate property as belonging to one spouse. The agreement must define these categories precisely, and both parties must understand and voluntarily accept the terms with full financial disclosure.
Michigan law does not require both parties to retain independent counsel, but a prenup signed without independent representation for each party is more vulnerable to duress and unconscionability challenges. Oakland County circuit courts view independent counsel as strong evidence that both parties understood and voluntarily accepted the agreement's terms.
Michigan prenuptial agreements may include spousal support waivers or limitations. Michigan courts have enforced alimony waivers in prenuptial agreements, but the Allard decision preserved the court's equitable discretion under MCL 552.23(1), meaning a court may override a waiver if strict enforcement would produce an unconscionable result.
A prenuptial agreement remains in effect throughout the marriage unless both parties mutually agree to terminate it in writing. Upon the death of either spouse, the prenuptial agreement governs property distribution alongside the will and applicable Michigan estate law under MCL 557.28.
A valid prenuptial agreement supersedes Michigan's default equitable distribution framework under MCL 552.401 for the assets and terms it covers. Property not addressed by the agreement remains subject to the nine Sparks v. Sparks factors that Oakland County circuit courts apply in divorce proceedings.
Michigan law requires prenuptial agreements to be in writing and signed by both parties under MCL 557.28. The statute does not explicitly require notarization, but Michigan courts give notarized agreements stronger evidentiary weight against claims of forged signatures or disputed execution.
Michigan prenuptial agreements routinely allocate responsibility for premarital debts, including student loans, credit card balances, mortgages, and business liabilities. The agreement can specify that each party remains solely responsible for debts incurred before the marriage, preventing those obligations from becoming marital liabilities during divorce.
A prenuptial agreement governs financial rights between two people who intend to marry and takes effect upon marriage under MCL 557.28. A cohabitation agreement governs financial rights between unmarried partners who live together and takes effect immediately upon execution. Michigan courts treat cohabitation agreements as standard contracts rather than marital agreements.
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Logan will walk you through the process, answer your questions, and draft an agreement that protects both of you.
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A prenuptial agreement is one of the smartest investments you can make before your wedding. Contact Logan for a free, confidential consultation.
