When planning a marriage, few people like to think about what could go wrong—but smart planning isn’t pessimistic, it’s proactive. For couples in Michigan, prenuptial and postnuptial agreements can offer a practical way to protect personal assets, clarify financial expectations, and avoid costly disputes down the road.
At Steslicki & Ghannam, PLC, our family law attorneys in Plymouth help individuals and couples understand when these agreements make sense and how to draft them properly under Michigan law. Here’s what you need to know.
What Is a Prenup or Postnup?
A prenuptial agreement (prenup) is a legal contract signed before marriage that outlines how assets, debts, and property will be handled during the marriage and in the event of divorce or death.
A postnuptial agreement (postnup) serves the same purpose but is signed after the couple is already legally married.
Both documents must meet specific legal requirements in Michigan to be enforceable, including full financial disclosure, voluntary agreement by both parties, and terms that are not unconscionable or against public policy.
When Should You Consider a Prenup or Postnup?
While these agreements are often associated with high-net-worth individuals, they can benefit many types of couples.
You might want to consider a prenup or postnup if:
- You own a business and want to protect it from division in case of divorce.
- You have children from a prior relationship and want to preserve assets for them.
- One spouse has significant debt, and you want to keep it separate.
- You’re expecting a large inheritance or already own substantial separate property.
- You want to avoid uncertainty or litigation in the event of divorce or death.
What are the Benefits of a Prenup or Postnup in Michigan?
Beyond just outlining what happens in a divorce, prenups and postnups can serve as smart planning tools that support a couple’s long-term financial health. They’re not just about protecting assets—they’re about setting expectations, reducing conflict, and making intentional decisions together.
They can benefit Michigan couples in practical, everyday ways, including:
- Asset Protection
These agreements can clearly define which property is considered separate and which is marital, helping to protect premarital assets or family wealth.
- Debt Management
Prenups and postnups can assign responsibility for debt, ensuring one spouse isn’t saddled with the other’s financial liabilities.
- Clarity and Communication
Discussing finances upfront encourages transparency, which can strengthen a marriage by aligning expectations.
- Simplified Divorce Proceedings
If the marriage ends, having a valid agreement in place can make the divorce process faster, less emotional, and more cost-effective.
- Estate Planning Integration
Prenups and postnups can support your estate plan by aligning your wishes for asset distribution and protecting inheritances for children or other heirs.
Work with a Trusted Michigan Family Law Attorney
Prenuptial and postnuptial agreements can be powerful legal tools—but only if they are properly drafted and enforceable under Michigan law. Courts may invalidate agreements that are vague, unfair, or executed incorrectly.
At Steslicki & Ghannam, PLC, our Plymouth family law attorneys work closely with clients to create customized agreements that reflect their values and protect their interests. While prenuptial agreements are used before marriage, postnuptial agreements in Michigan are only enforceable when they aim to strengthen the marriage, not prepare for divorce. If you’re experiencing marital tension and want to clarify rights and responsibilities while working toward preserving the relationship, we can help guide you through the legal process with care and precision.
Contact us today to schedule a confidential consultation and learn how a prenup or postnup can protect your future.
