- Michigan is an equitable distribution state — courts divide assets based on fairness, not an automatic 50/50 split.
- Notarization is recommended but not required for prenups in Michigan.
- 2 witnesses are required at signing.
- Full financial disclosure by both parties is required by law.
- Michigan has no mandatory waiting period, but signing at least 30 days before the wedding is recommended.
How Michigan classifies marital property
Michigan uses equitable distribution to divide marital property at divorce. Courts consider each spouse’s income, contributions to the marriage, length of the marriage, and other factors — but “equitable” doesn’t mean equal. A prenup lets you define your own division rules in advance, removing uncertainty about how a court might split your assets.
Understanding Michigan's equitable distribution system is critical because a prenup is essentially your opportunity to override these default rules. Without one, a judge decides what's "fair" based on subjective factors like each spouse's income, contributions, and future needs.
The legal framework: MCL § 557.28; Reed v. Reed (2001)
Prenuptial agreements in Michigan are governed by MCL § 557.28; Reed v. Reed (2001). While Michigan has not adopted the Uniform Premarital Agreement Act (UPAA), the state's statutes provide clear requirements for valid prenuptial agreements.
Signing requirements in Michigan
Michigan has specific requirements that must be met for a prenuptial agreement to be valid. Missing any of these can give a court grounds to throw out the entire agreement.
- **Written agreement** — Must be in writing — verbal prenups are not valid
- **Signed by both parties** — Both parties must sign voluntarily before the wedding
- **Notarization recommended** — Not legally required but strongly advised for court enforceability
- **2 witnesses required** — Both parties must sign in front of 2 independent witnesses who are not party to the agreement
- **Independent legal counsel recommended** — Each party should have their own attorney review the agreement
- **Full financial disclosure** — Both parties must disclose all assets, debts, and income — incomplete disclosure is the #1 reason prenups are invalidated
- **State-specific requirement** — Must be signed by two witnesses in addition to both parties
Spousal support in a Michigan prenup
Spousal support waivers are generally enforceable in Michigan prenups, provided the agreement meets all other legal requirements — voluntary execution, full financial disclosure, and terms that are not unconscionable.
Key case law: Reed v. Reed (2001)
The Michigan Court of Appeals confirmed that Michigan prenuptial agreements must be witnessed by two individuals in addition to both parties. The court also reaffirmed that full financial disclosure and freedom from duress are essential for enforceability under MCL § 557.28.
What this means for your prenup: Clause ensures Michigan prenups are properly witnessed and that the financial disclosure section meets the Reed v. Reed disclosure standards.
Sunset clauses and special provisions
Michigan courts will enforce sunset clauses — provisions that cause the prenup to expire after a set number of years. If you want the agreement to remain in effect indefinitely, make sure to exclude a sunset clause or explicitly state that the agreement has no expiration.
Build your Michigan prenup on Clause
Clause generates a legally valid, Michigan-specific prenuptial agreement starting at $549 — a fraction of the $5,000–$20,000 that traditional attorney-drafted prenups cost in Michigan. The Agreement Builder automatically handles Michigan's signing requirements, witness requirements, and financial disclosure obligations. Attorney review and online notarization are available as add-ons.
Clause is not a law firm and this article is not legal advice. For guidance specific to your situation, consult a licensed family law attorney in Michigan.