Michigan law provides that a contract regarding property made by parties in contemplation of marriage shall remain in full force and effect after the marriage takes place.  This means that the rights that a spouse normally acquires by marriage may be modified by agreement after full disclosure. These rights include distribution of an estate upon death or division of property upon divorce. This type of an agreement is known as a prenuptial or antenuptial agreement.

     Yes.  However, they are strictly construed by the courts and must be carefully drafted.  In fact, prior to 1991, some such agreements were considered unenforceable as against public policy for encouraging divorce.  Today, the courts recognize that people have a right to decide these issues for themselves if certain fairness standards are met.  Consequently, an attorney, expert in family law should be employed.

   Typically, the people that employ prenuptial agreements are couples entering second marriages that wish to protect their children's inheritance rights or simply wish to avoid the uncertainty that arises in the event of death or divorce as to division of property.