A Michigan prenuptial agreement is a written contract that two people sign before they marry. It records who owns what, how debts are handled, and how property and spousal support are treated if the marriage ends or one spouse dies.
Michigan law keeps that contract alive once the wedding happens.[1] The agreement must be in writing and signed by the party it is enforced against.[2] It cannot settle child custody or child support. Our free prenuptial template follows the same rules in every state.
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Courts and lawyers in this state also call the document a premarital agreement, an antenuptial agreement, or simply a prenup. The names mean the same thing. A couple who signs the same kind of contract after the wedding has a postnuptial agreement instead.
Three statutes shape a Michigan prenuptial agreement. Section 566.132 of the Mich. Comp. Laws requires a contract made upon consideration of marriage to be in writing and signed.[2] Section 557.28 keeps a property contract in force once the couple marries.[1] Section 700.2205 lets a spouse waive estate rights after fair disclosure.[3]
The state asks for very little in the way of formalities. An agreement made upon consideration of marriage is void unless it is in writing and signed by the party to be charged.[2] No notary and no witnesses are required.
In practice both spouses sign, because either one may later need to enforce the agreement. Some states do treat a prenup as ineffective unless it is witnessed and notarized, so couples who expect to move should check the rules where they will live.
Under Section 557.28 of the Mich. Comp. Laws, a property contract made between two people in contemplation of marriage remains in full force after the marriage takes place.[1] The wedding is what brings the terms to life.
A court can still look behind the signatures. If one party hid assets or left out debts and loans, the agreement may not hold. Full financial disclosure before signing is the best protection the parties have.
Transparency and honesty are what a judge tests. Your contract can be invalidated if:
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Yes. A Michigan prenuptial agreement is legally binding once it meets the statutory formalities. It has to be in writing and signed by the party it is enforced against.[2] After the couple marries, a property contract made in contemplation of marriage stays in full force.[1]
Binding does not mean untouchable. A court can still set the paperwork aside for coercion, fraud, or hidden assets, and the grounds are the same ones listed above.
A prenup covers money and property. Couples use it to sort marital and separate assets, protect a business, keep one partner clear of the other's debts, and set or waive spousal support. It can also protect what children from a prior marriage stand to inherit. Most financial terms two people can agree on in writing belong in the document.
Three subjects are off limits. A prenuptial agreement cannot decide child custody or parenting time, it cannot limit or waive child support, and it cannot carry terms that violate public policy. Those questions belong to the judge, who rules on what is best for the child at the time of the divorce rather than years in advance.
When parents separate, the judge weighs the best interests of the child. That review looks at each parent's assets, job, and schedule. It also weighs the child's own wishes, educational needs, and any history of domestic violence in the family.
A prenup can waive what a surviving spouse would otherwise inherit. Under Section 700.2205 of the Mich. Comp. Laws, a spouse may give up five statutory rights, wholly or partially, before or after the marriage.[3] The waiver has to be a written contract, agreement, or waiver.[3]
The rights of the surviving spouse to a share under intestate succession, homestead allowance, election, exempt property, or family allowance may be waived, wholly or partially, before or after marriage, by a written contract, agreement, or waiver signed by the party waiving after fair disclosure.
The statute attaches one condition. The waiving spouse must sign after fair disclosure, so hiding assets can undo the waiver.[3]
The wording matters too. Unless the document says otherwise, a waiver of all rights in the other spouse's property or estate gives up the homestead allowance, election, exempt property, and family allowance.[3] It is also an irrevocable renunciation of anything that spouse would have taken by intestate succession.[3] The same is true of a will signed before the waiver.[3]
A complete property settlement entered into after or in anticipation of separate maintenance carries the same effect as a waiver of all rights.[3] Read that clause closely before you sign one.
No. Michigan is an equitable distribution state, not a community property state. A judge divides marital property fairly, and fairly does not always mean in half. Without an agreement the split is the court's decision. A prenup lets the parties decide in advance which assets are marital, which stay yours alone, and how the rest is divided.
Separate assets are the other half of the picture. What you owned before the marriage can stay yours, but it loses that status once it is mixed with marital money. Naming those items in the agreement is how couples keep the line clear for the future.
Building the agreement takes four steps. Both spouses list what they own and what they owe, agree on how each item is treated, put the terms in writing, and sign well before the wedding. Signing early matters, because a document handed over on the wedding day is easier to attack later as signed under pressure.
If you draft the agreement without legal help, read Section 566.132 of the Mich. Comp. Laws before you sign. Use our form-building software to fill in the template and download it as a PDF, Word, or OpenDocument file.
Last Updated: September 2026. This guide is reviewed and updated regularly to reflect current Michigan law. If you notice an error or outdated information, please contact us.
Other Prenuptial Agreement Forms by State
Unless noted otherwise, the sources below are from the Mich. Comp. Laws.