PREMARITAL (PRENUPTIAL) AGREEMENT
(Michigan)
[// GUIDANCE: This template is drafted for Michigan (“MI”) marriages, conforms to MI common-law enforceability standards, and is structured for immediate attorney customization. Replace all bracketed text and confirm all factual schedules before execution.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
- Schedules
1. DOCUMENT HEADER
1.1 Title. PREMARITAL AGREEMENT (“Agreement”).
1.2 Parties. This Agreement is made and entered into as of [EFFECTIVE DATE] (“Effective Date”) by and between:
(a) [FULL LEGAL NAME OF PARTY A], residing at [ADDRESS] (“[SHORT NAME A]”); and
(b) [FULL LEGAL NAME OF PARTY B], residing at [ADDRESS] (“[SHORT NAME B]”).
Each a “Party” and together the “Parties.”
1.3 Recitals.
A. The Parties contemplate legal marriage in the State of Michigan on or about [MARRIAGE DATE] (“Marriage”).
B. Each desires to establish respective rights and obligations regarding property, income, debts, and any spousal support that may arise before, during, or upon termination of the Marriage or the death of either Party.
C. The Parties have made full and fair disclosure of their assets, liabilities, and income, attached hereto as Schedule 1 (Disclosure of [SHORT NAME A]) and Schedule 2 (Disclosure of [SHORT NAME B]) (collectively, the “Financial Disclosures”).
D. Each Party has had ample opportunity to seek independent legal counsel of his or her choosing.
E. In consideration of the anticipated Marriage and the mutual promises herein, the Parties agree as follows.
1.4 Governing Jurisdiction. This Agreement shall be governed by the family-law principles of the State of Michigan and applicable federal law.
2. DEFINITIONS
For purposes of this Agreement, capitalized terms have the meanings set forth below. Defined terms apply equally in singular and plural forms.
“After-Acquired Separate Property” – Property acquired by a Party after the Marriage that, under Section 3.2, is designated or traced as Separate Property.
“Appreciation” – Any increase in value, including capital gains, dividends, rents, royalties, interest, or similar accretions.
“Dissolution Event” – (i) legal separation, (ii) divorce, (iii) annulment, or (iv) any other judicial termination of the Marriage.
“Marital Property” – All property, tangible or intangible, acquired by either or both Parties during the Marriage that is not Separate Property.
“Separate Property” – Property listed in Schedule 1 or 2 or otherwise classified as Separate Property under Section 3.2.
“Specific Performance” – A court order compelling a Party to comply with any provision of this Agreement.
[Add additional definitions as necessary.]
3. OPERATIVE PROVISIONS
3.1 Consideration. The mutual promises herein and the Marriage itself constitute good and sufficient consideration.
3.2 Classification of Property.
(a) Separate Property. The items identified as Separate Property in each Party’s Financial Disclosure, together with all After-Acquired Separate Property, Appreciation thereon, and proceeds thereof, shall remain that Party’s sole and exclusive property, free from any claim by the other Party.
(b) Marital Property. Except as otherwise provided, property acquired jointly or individually during the Marriage that is not traceable as Separate Property shall be deemed Marital Property and divided as provided in Section 3.4.
3.3 Management and Control. Each Party shall retain sole management, control, and enjoyment of his or her Separate Property without interference or joinder by the other Party.
3.4 Division Upon Dissolution Event. Upon a Dissolution Event, all Marital Property shall be divided [EQUAL / OTHER AGREED PERCENTAGE] unless otherwise agreed in writing. Separate Property shall be confirmed to the owning Party.
3.5 Spousal Support Waiver. Each Party knowingly and voluntarily waives any right to temporary, rehabilitative, or permanent spousal support from the other Party, except as expressly provided in Section 3.6.
3.6 Limited Support Provision (Optional). If a court of competent jurisdiction finds the waiver in Section 3.5 unenforceable, spousal support shall be limited to the lesser of:
(a) $[CAP] per month; or
(b) [PERCENTAGE]% of the payor’s gross monthly income, for a period not to exceed [NUMBER] months.
3.7 Estate Matters. Each Party may dispose of his or her Separate Property by will, trust, or intestacy. Nothing herein restricts statutory elective-share rights unless expressly waived in a separate document compliant with Michigan law.
3.8 Debts. Each Party shall be solely responsible for debts incurred in his or her own name before or during the Marriage unless expressly assumed by the other Party in a signed writing.
3.9 Life Insurance (Optional). The Parties shall maintain life insurance policies in the face amount of $[AMOUNT] naming [BENEFICIARY] as beneficiary until [TERMINATION TRIGGER].
3.10 Conditions Precedent. The effectiveness of this Agreement is conditioned upon the solemnization of the Marriage on or before [DATE]. Failure to marry by such date renders this Agreement null and void.
4. REPRESENTATIONS & WARRANTIES
4.1 Authority. Each Party has the legal capacity and unrestricted right to enter into this Agreement.
4.2 Full Disclosure. Each Party represents that his or her Financial Disclosure is complete, accurate, and materially correct as of the Effective Date.
4.3 Voluntariness. Each Party executes this Agreement freely, voluntarily, and without duress, undue influence, or coercion.
4.4 Independent Counsel. Each Party acknowledges being advised of the right to independent counsel and either has consulted counsel or voluntarily elected not to do so.
4.5 No Pending Bankruptcy. Neither Party is subject to any voluntary or involuntary bankruptcy proceeding.
4.6 Survival. The representations and warranties herein shall survive execution and any Dissolution Event.
5. COVENANTS & RESTRICTIONS
5.1 Ongoing Disclosure. Each Party shall promptly notify the other of any material change (> $[THRESHOLD]) in assets, liabilities, or income prior to the Marriage.
5.2 Record-Keeping. Each Party shall maintain books and records sufficient to trace Separate Property.
5.3 No Encumbrance. Neither Party shall pledge, hypothecate, or otherwise encumber the other Party’s Separate Property without prior written consent.
5.4 Cooperation. Each Party shall execute and deliver further instruments reasonably necessary to carry out this Agreement.
5.5 Confidentiality. Absent court order, neither Party shall disclose the terms of this Agreement except to professional advisors or as required by law.
6. DEFAULT & REMEDIES
6.1 Events of Default. A Party is in default if he or she:
(a) Fails to comply with any material covenant;
(b) Knowingly makes a false statement in the Financial Disclosure; or
(c) Commits fraud with respect to this Agreement.
6.2 Notice & Cure. The non-defaulting Party shall give written notice describing the default. The defaulting Party shall have thirty (30) days to cure, if curable.
6.3 Remedies. If default is not cured:
(a) Specific Performance and/or injunctive relief;
(b) Monetary damages limited per Section 7.2;
(c) Recovery of reasonable attorneys’ fees and costs incurred in enforcement.
[// GUIDANCE: MI courts routinely enforce equitable remedies in the family-law context; include a clear election of remedies.]
7. RISK ALLOCATION
7.1 Mutual Indemnification. Each Party (“Indemnifying Party”) shall indemnify, defend, and hold the other Party harmless from and against any loss, cost, or liability arising out of the Indemnifying Party’s:
(a) separate debts or obligations;
(b) breach of representations, warranties, or covenants herein; or
(c) intentional misconduct or fraud.
7.2 Liability Cap. Except for fraud or willful misconduct, each Party’s aggregate liability under this Agreement shall not exceed $[CAP AMOUNT] plus reasonable attorneys’ fees and costs.
7.3 Force Majeure. No Party shall be liable for failure to perform due to events beyond reasonable control, including acts of God, war, or governmental action, provided the affected Party gives prompt notice.
8. DISPUTE RESOLUTION
8.1 Governing Law. This Agreement shall be construed under the domestic-relations law of the State of Michigan.
8.2 Forum Selection. The Parties consent to the exclusive jurisdiction of the [COUNTY] County Family Division of the [MI CIRCUIT COURT] for any proceeding relating to this Agreement, subject to Section 8.3.
8.3 Limited Arbitration.
(a) Scope. Property valuation and allocation disputes may, upon mutual written agreement, be submitted to binding arbitration administered by [ARBITRATION PROVIDER] under its family-law rules.
(b) Exclusions. Issues of child custody, parenting time, or child support are non-arbitrable under Michigan law and remain solely within the court’s jurisdiction.
(c) Enforcement. Any arbitration award may be confirmed in the designated Michigan court.
8.4 Injunctive Relief. A Party may seek temporary or permanent injunctive relief or Specific Performance in court notwithstanding Section 8.3.
8.5 Jury Trial Waiver. Not applicable; family-law matters in Michigan are tried without a jury.
9. GENERAL PROVISIONS
9.1 Amendment & Waiver. No modification or waiver is effective unless in a written instrument signed by both Parties and notarized. No waiver of any breach constitutes a waiver of any other breach.
9.2 Assignment. Rights and obligations hereunder are personal and may not be assigned except by written consent of both Parties.
9.3 Successors & Assigns. This Agreement binds and benefits the Parties and their respective heirs, executors, administrators, successors, and permitted assigns.
9.4 Severability. If any provision is held invalid, the remaining provisions shall be enforced to the fullest extent permitted, and the invalid provision reformed to comply with Michigan public policy.
9.5 Integration. This Agreement, including the Schedules, constitutes the entire understanding and supersedes all prior agreements, whether oral or written, between the Parties concerning the subject matter.
9.6 Counterparts; Electronic Signatures. This Agreement may be executed in multiple counterparts, each of which is deemed an original, and by facsimile, PDF, or secure electronic signature, each of which is deemed an original for all purposes.
9.7 Headings. Headings are for convenience only and do not affect interpretation.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.
[FULL LEGAL NAME OF PARTY A]
[FULL LEGAL NAME OF PARTY B]
STATE OF MICHIGAN )
) ss.
COUNTY OF __ )
On this _ day of _, 20__, before me, the undersigned Notary Public, personally appeared [PARTY A] and [PARTY B], who acknowledged that they executed the foregoing Premarital Agreement for the purposes therein contained.
Notary Public, State of Michigan
My Commission Expires: _
Acting in the County of _
[// GUIDANCE: Michigan does not mandate notarization for validity, but notarization substantially strengthens enforceability by evidencing voluntariness and authenticity.]
11. SCHEDULES
Schedule 1 – Comprehensive Statement of Assets, Liabilities & Income of [PARTY A]
Schedule 2 – Comprehensive Statement of Assets, Liabilities & Income of [PARTY B]
Schedule 3 – (Optional) Life-Insurance Policies and Beneficiary Designations
Schedule 4 – (Optional) List of After-Acquired Separate Property Designations
[END OF AGREEMENT]