Hamilton Law, PLC Prenuptial Agreements

Michigan Prenuptial Agreement Drafting

In Michigan, a prenuptial agreement must be drafted properly and under the right circumstances to enforceable in a later divorce proceeding.

Requirements for Prenuptial Agreements in Michigan

The Michigan Supreme Court has recently held that the terms of a prenuptial (or “antenuptial”) agreement remains subject to powers of the court to determine rights and the distribution of assets when a marriage is dissolved.

What does this mean?

It means that a blank form prenuptial agreement downloaded from dubious internet sources is unlikely to pass muster in a Michigan courtroom.  Retaining an experienced family attorney to draft your prenuptial agreement is essential to its enforceability.

What makes a prenuptial agreement enforceable in Michigan?

  • It must be fair to both parties, meaning that—
  • Each party to the prenuptial agreement must have had equal opportunity to consult with independent legal counsel.
  • The financial disclosures in the prenuptial agreement must adequately inform each party of the agreement's full costs and benefits.
  • Those benefits must not unconscionably favor one party over the other.
  • The parties' circumstances have not so changed since its execution as to make later enforcement unfair.

Thus, Michigan courts will review not only the letter of the agreement itself but also the circumstances in which it was drafted and executed.

Prenuptial Agreements & The Right to Contract

Nevertheless, marital parties in Michigan retain the right to contract. A properly drafted, equitable prenuptial agreement will be enforced by Michigan courts.  However, it must now be expected that the court overseeing a later divorce proceeding will review the agreement to determine whether or not it is equitable.

Thus, prenuptial agreements must be drafted with the future in mind.

How We Can Help

At Hamilton Law, PLC, we specialize in drafting effective prenuptial agreements that will stand the test of time—and judicial scrutiny.  Call us today at (248) 488-8394 or contact us online to schedule your initial consultation with our knowledgeable attorneys. Our office is available for in-person appointments. We also offer virtual telephone consultations and appointments. 

Hamilton Law, PLC

At Hamilton Law, PLC, we are committed to listening and answering your questions about Estate Planning, Draft Wills & Trusts, Cannabis Law, Powers Of Attorney, Probate, Business Planning & Entity Formation, Litigation & Alternative Dispute Resolution, Branding & Trademarks, Prenups, Employment Law, Real Estate Law, and Guardianships & Conservatorships.

Contact Us Today

We offer a free consultation and we'll gladly discuss your case with you at your convenience. To schedule a free initial consultation with our firm, call 269-488-8394 or contact us online.

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Kalamazoo, MI 49008
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