Couples considering marriage may opt to draft a prenuptial agreement. The 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.
Laurie Schmitt of Schmitt Law, PLLC is a West Michigan family law attorney specializing in collaborative divorce as well as separation, divorce, child custody and support, paternity, and other family law litigation. She is licensed by Michigan State Bar and the U.S. District Court for the Western District of Michigan, and has extensive advanced training in divorce mediation and collaborative divorce. Contact Laurie at (616) 608-4634 for a confidential consultation.