Pre-Nupiual Agreements
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Couples can have an agreement signed prior to marriage regarding financial issues in the event of a divorce. It is a promise in writing.


20996870 sThe agreement is signed prior to marriage, and allows the marrying couple to determine financial issues in the event of a divorce.


The relevant statutory authority are as follows:

MCL 557.28 provides “A contract relating to property made between persons in contemplation of marriage shall remain in full force after marriage takes place.”



MCL 566.132(1) requires “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” and MCL 566.132(1)(c) explicitly includes: “An agreement, promise, or undertaking made upon consideration of marriage, except mutual promises to marry.” In other words, Michigan does not recognize oral prenuptial agreements.