Free Michigan Prenuptial Agreement Template

A Michigan prenuptial agreement is a contract about property that two people make in contemplation of marriage. Under MCL 557.28, such a contract stays in full force after the wedding.

Two parts of Michigan law matter most: chapter 557 on married persons’ property and the Estates and Protected Individuals Code.

Property Terms Carry Into the Marriage

MCL 557.28 is short. A property contract made between people planning to marry remains fully in force once they marry.

Estate Waivers Need Fair Disclosure

MCL 700.2205 lets a spouse waive, in whole or in part, several rights in the other spouse’s estate:

• An intestate share
• Homestead allowance
• Right of election
• Exempt property
• Family allowance

Timing is flexible, since the waiver can come before or after marriage. However, it must be a written contract, agreement, or waiver. In addition, the waiving partner must sign it after fair disclosure.

Put simply, disclosure isn’t optional for an estate waiver. Michigan builds it into the statute itself.

An All-Rights Waiver Is Read Broadly

Unless it says otherwise, a waiver of all rights covers homestead allowance, election, exempt property, and family allowance. It also renounces benefits that would pass by intestacy or under a will signed before the waiver.

The right to choose against the will. Under MCL 700.2202(2), a surviving spouse whose partner left a will may file a written election with the court.

One option is to accept the will’s terms. Another is to take one-half of the share the spouse would have received without a will. The statute then subtracts half the value of property the spouse got from the decedent in other ways.

A valid waiver in your Michigan prenuptial agreement removes that choice. The same waiver can also cover homestead allowance, exempt property, and family allowance.

For that reason, both partners should understand exactly what they’re giving up. Since the waiver depends on fair disclosure, share complete financial information before anyone signs.

1. Exchange complete financial statements. Fair disclosure supports any estate waiver.
2. Name the estate rights involved. List each right a partner keeps or waives.
3. Settle the property terms. Describe separate and shared property plainly.
4. Sign the written agreement. The waiving partner’s signature is essential for any estate waiver.
5. Store the original with your estate plan. Tell the person you’ve named as personal representative where to find it.

A Michigan prenuptial agreement commonly covers:

• Property each partner brings into the marriage
• Treatment of property acquired later
• Any waiver of election, intestate share, or allowances
• A summary of the financial disclosure exchanged
• Coordination with existing wills
• Signatures and dates