How does Michigan law handle prenuptial agreements?

Understanding Prenuptial Agreements in Michigan

In Michigan, as in many other states, couples who are planning to marry have the option to create a prenuptial agreement. This is a legal document that outlines how assets and financial issues will be handled in the event of a divorce or the death of one spouse. Michigan law governs the creation and enforcement of these agreements through specific statutes and case law that has evolved over time.

The Legal Framework for Prenuptial Agreements

Michigan's approach to prenuptial agreements is influenced by the Uniform Premarital Agreement Act (UPAA), which many states have adopted to provide consistency in how these agreements are treated. However, Michigan has its own set of statutes and legal precedents that apply. For an agreement to be valid, it must be entered into voluntarily by both parties, with full disclosure of each party's financial situation. It is also essential that both parties have had the opportunity to seek independent legal counsel before signing.

Requirements and Enforceability

To ensure enforceability, a prenuptial agreement in Michigan must not only be entered into voluntarily and with full disclosure but also must not be unconscionable. An agreement might be deemed unconscionable if it leaves one party destitute or if it was created under conditions that were unfair or deceptive. Moreover, circumstances may change between the time the agreement is signed and when it is enforced, such as the birth of children, which could impact the agreement's fairness.

Historical Context

One landmark case in Michigan that helped define the handling of prenuptial agreements is Rinke v. Rinke, which occurred in the early 2000s. In this case, the Michigan Supreme Court held that for a prenuptial agreement to be enforceable, it must have been fair and equitable at the time of execution and must not have become unconscionable by the time of enforcement.

Limitations on Prenuptial Agreements

It's important to note that there are limitations on what can be included in a prenuptial agreement. For instance, matters concerning child custody or child support typically cannot be predetermined by a prenup as these issues are subject to court discretion based on what is in the best interests of the child at the time of the divorce.

Challenging Prenuptial Agreements

In cases where one party seeks to challenge a prenup, they bear the burden of proof to demonstrate that the agreement was either not entered into voluntarily, was unconscionable at the time of signing, or that there was not full disclosure of assets. If a court finds any of these factors to be true, it may invalidate the entire agreement or certain provisions within it.


Prenuptial agreements can be a valuable tool for couples looking to establish clear expectations around financial matters in marriage. However, understanding how Michigan law handles such agreements is crucial to ensure their validity and enforceability. Couples considering a prenup should consult with experienced family law attorneys who can guide them through Michigan’s specific requirements and help draft an agreement that aligns with their interests and adheres to state law.