Updated May 17, 2023
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A Michigan prenuptial agreement is a contract that is drafted for the purpose of predetermining the control and division of a couple’s assets and property following the possible end of their marriage. The document must be executed prior to the couple becoming legally married and will activate upon their marriage. In accordance with Michigan contract law, an agreement must be in written form and signed by both parties with notarization.
Signing requirements
Source: § 566.132, Sec. 2(1)(c)
“In the following cases an agreement, contract, or promise is void unless that agreement, contract, or promise, or a note or memorandum of the agreement, contract, or promise is in writing and signed with an authorized signature by the party to be charged with the agreement, contract, or promise: […] (c) An agreement, promise, or undertaking made upon consideration of marriage, except mutual promises to marry.”
Laws
- § 557.28 – Contract relating to property made in contemplation of marriage.
- § 566.109 – Statute of frauds; consideration, statement in contract, evidence.
- § 566.132 – Agreements, contracts, or promises required to be in writing and signed; enforcement; “financial institution” defined.