Experienced Prenuptial Agreement Guidance In Livingston County

Last updated on September 3, 2026

Getting a premarital agreement in Michigan is not a plan to fail – it is a way to make sure that you and your intended spouse are on the same page with your financial expectations. Prenuptial agreements are becoming increasingly popular, especially for couples who are marrying later in life and want to protect their loved ones and everything they have built.

At Gormley Law Offices, PLC, our attorneys bring decades of legal experience to help our clients in Howell, Fowlerville and throughout Livingston County.

What Is A Prenuptial Agreement?

A prenuptial agreement is a private contract that a couple can make before marriage. This agreement typically outlines how financial matters will be handled in the event of divorce or separation. Prenuptial agreements can cover a wide range of issues, including:

• Property rights
• Spousal support
• Inheritances
• The allocation of debts
• Marital assets division, classification of income
• How assets acquired during the marriage will be divided

Prenuptial agreements are particularly useful when one or both partners have their own business, have children from a prior marriage or will bring significant assets or debts into the union.

A couple can also agree on other terms involving alimony or particular determinations should one of the spouses pass away. Therefore, it is vital to discuss your expectations with a knowledgeable lawyer to create a document that truly meets your needs.

How A Prenup Can Help Business Owners In Michigan

Running a business takes years of hard work, sacrifice and dedication. If you are a self-employed professional or small business owner in Livingston County, you have likely built something worth protecting. A prenup gives you a way to protect what is yours before you say “I do.” Here is what a well-drafted prenup can do for your business:

• It defines what belongs to you: A prenup can clearly state that your business, including your shares and the assets you used to build it, is yours alone and not subject to division in a divorce.
• It addresses how your business grows: If your business increases in value during the marriage, a prenup can determine whether that growth stays your separate property or becomes part of the marital estate.
• It covers what stays inside the business: Retained earnings, cash reserves and future investments within your business can all be addressed in a prenup so there is no confusion about how they are treated.

A prenup is not a sign that you expect your marriage to fail. It is simply smart planning – the same kind of forward thinking that helped you build your business in the first place.

How Premarital Agreements And Estate Planning Work Together

Prenuptial agreements can be a critical part of estate planning for people who have children from prior relationships. Without an agreement in place, children from a prior marriage could be shut out of their fair inheritance by a stepparent if their biological parent dies first.

An experienced prenup lawyer in Livingston County can help you decide if using a premarital agreement or establishing a trust (or both) can guard your family’s future.

Can Child Custody Be Included In A Prenuptial Agreement?

In Michigan, parents cannot define who will be the custodial parent in the event of divorce. Instead, a court decides child custody based on the child’s best interests during divorce procedures.

Moreover, courts also define all aspects related to child support. However, parents can agree on child custody and visitation schedules to then submit the plan to a judge’s consideration and approval, should the plan meet the child’s best interests and needs.

Frequently Asked Questions About Michigan Prenuptial Agreements

We are renowned Michigan family law attorneys with decades of experience. Here are some of the questions we hear most frequently from our clients about Michigan prenups.

Can you get a prenup after marriage?

No, in Michigan, you cannot get a prenup after marriage. However, married couples are free to craft postnuptial agreements, which can function similarly. They’re often used to protect a spouse who is about to give up a career to be a stay-at-home parent, inheritances and business ventures.

How much does a prenup cost in Michigan?

The cost of a prenup in Michigan can vary depending on various factors, such as:

• The complexity of your financial situation.
• The level of negotiation required.
• The specific terms you wish to include.

At our firm, we understand that each client’s needs and circumstances are unique. We work closely with you to assess your situation and provide a personalized estimate for drafting a Michigan prenuptial agreement that aligns with your interests and objectives.

What happens if you sign a prenup and then get divorced?

In Michigan, when you sign a prenup and subsequently get a divorce, the terms of the prenuptial agreement typically govern the division of assets and liabilities. However, the validity of the prenup may be challenged if:

• One party can prove they signed the prenup under duress, coercion or undue influence.
• One spouse didn’t fully disclose their financial situation before signing the agreement.
• The terms of the prenup are so unfair that they shock the conscience of the court.
• The prenup wasn’t properly executed according to state laws, such as not being signed in the presence of witnesses or notaries as required.
• The terms of the prenup violate state laws or public policy, such as agreements that encourage divorce or waive rights to child support.

If you have questions about how a premarital or postmarital agreement will affect your divorce, our attorneys can review your agreement and guide you.

What can be included in a Michigan prenuptial agreement?

You can use a prenup to protect assets you already own before you get married, like a home, savings or investments. It can also cover inherited assets, so that money or property passed down to you stays in your family. If either of you is coming into the marriage with debt, a prenup can spell out who is responsible for what so there are no surprises later.

Spousal support is another area a prenup can address. You and your future spouse can agree to waive it entirely, set a cap on it or define the conditions under which it would apply. If you own a business or hold an ownership interest in one, a prenup can clarify that it remains your separate property and outline how any growth in its value gets treated during the marriage.

What cannot be included in a Michigan prenuptial agreement?

A prenup can cover a lot of ground, but there are some things it simply cannot do. The biggest ones are child custody and child support. Michigan courts decide both of those matters at the time of divorce based on what is in the best interests of the child. No prenup can lock those decisions in ahead of time.

Beyond that, any provision that violates Michigan law or goes against public policy will not hold up in court. Courts do not simply rubber-stamp whatever a prenup says. They look at whether the agreement is fair and whether both parties entered into it freely and with a full understanding of what they were signing.

A Simple First Step With Consistent Support Along The Way

We understand that reaching out to an attorney can feel like a big step, especially when it involves something as personal as a prenuptial agreement. At Gormley Law Offices, PLC, your first step is simply a conversation – no pressure, no jargon and no judgment. Here is what you can expect when you reach out to us:

• You will speak with a dedicated local attorney from the start: From your very first call, you are connected with an attorney who will personally handle your case.
• You will always know where your case stands: We believe in clear, consistent communication throughout the entire process. You will never be left wondering what is happening with your case.
• There are no handoffs: The attorney you speak with on day one is the same attorney who sees your case through to the end.
• We keep the process straightforward: Whether you are addressing personal assets, business interests or anything in between, your attorney will walk you through every step in plain language you can actually understand.

When you are ready to take that first step, we are here to make sure your business, your assets and your family’s future are protected from day one.

Learn More About Prenuptial Agreements Today

A good Michigan prenuptial agreement is fair to both sides and can create a tremendous sense of security in an uncertain world. A great premarital agreement is one that has been custom-crafted to meet your specific needs so that you start your new marriage on a solid footing.

To learn more about how a family law attorney can help you before your marriage begins, call Gormley Law Offices, PLC, at 517-219-9301 or use our online contact form to schedule your free, one-hour consultation. From the moment you come on board, a dedicated local attorney will personally lead your case from start to finish — giving you direct, consistent communication every step of the way. You will always know who is handling your case, because we never hand your story off to an associate or paralegal who does not know you.