How to Negotiate an Airtight Prenup with Your Fiancé

 Posted on October 11, 2025 in Family Law

Few topics make engaged couples more nervous than prenuptial agreements. Understandably, bringing up a "prenup" before your marriage might feel uncomfortable. But it is actually one of the most practical and honest conversations two people can have before tying the knot. Far from being unromantic, a well-written prenup can strengthen your relationship considerably.

For couples in Michigan, writing a prenuptial agreement can give you a chance to talk about your values around money. Whether you have significant assets, own a business, or simply want to protect yourself in the future, a prenup can help.

However, the nature of a prenup is, in some ways, similar to the nature of a divorce agreement. Money is finite and money that goes to one spouse automatically does not go to the other spouse. So how do you negotiate a prenuptial agreement that protects you and your fiance? 

At Elkouri Heath, PLC, our Oakland County, MI family lawyers have over 20 years of experience helping couples negotiate strong prenuptial agreements. We will guide you through each step of the process to make sure your prenup holds up under Michigan law. We also offer free consultations to help you understand your options before making any commitments.

What Exactly Is a Prenuptial Agreement in Michigan?

A prenuptial agreement, also known as an antenuptial agreement in Michigan, is a contract you sign with your fiance before you get married. It defines how assets and finances will be handled during the marriage, as well as if you get divorced or die. Prenups can cover property division, spousal support (alimony), and debt, among other things.

Michigan law allows couples a lot of flexibility in designing a prenup. However, to be enforceable, the agreement must meet several requirements. It must be voluntarily signed, fair at the time of being written, and based on full financial disclosure. We will discuss these requirements later.

Why You Should Negotiate a Prenup Way Before the Wedding

Timing is crucial when negotiating a prenup. Many couples wait until the last minute to start discussing terms. That is one of the biggest mistakes you can make. Courts may view last-minute agreements as coercive, especially if one partner felt pressured to sign.

Ideally, begin prenup discussions at least several months before the wedding. This gives both of you time to review your finances, talk to your own lawyer, and negotiate without stress or urgency.

How to Approach the Conversation About a Prenup with Your Fiancé

Talking about a prenup requires sensitivity and honesty. Approach it as a conversation about planning your shared future, not as a signal that you expect the marriage to fail. Here are some ways to start the discussion constructively:

• Emphasize fairness: Explain that a prenup protects both of you.

• Frame it as financial planning: Compare it to buying insurance or creating a will — a responsible step for couples merging their lives together.

• Encourage independent legal advice: Propose meeting with an experienced attorney together to understand what can and cannot be included. Then, each of you can talk to your own attorney.

Remember, a prenup is not just about protecting assets. It also helps clarify expectations about spending, saving, and sharing financial responsibilities within the marriage.

What Should Be Included in an Airtight Prenup?

An airtight prenuptial agreement addresses all key financial issues clearly. It is also in compliance with Michigan law. Common provisions include:

Property Classification

The agreement should define which assets are separate and which will be considered marital property. This can include real estate, investments, business ownership, and personal property.

Division of Property Upon Divorce

The prenup should say how marital assets will be divided if the marriage ends. Michigan is an "equitable distribution" state, meaning property is divided fairly but not necessarily equally.

Spousal Support

Couples may agree to limit, waive, or define the amount and duration of spousal support. However, Michigan courts can override this if enforcement would cause one party extreme hardship.

Debt Responsibility

The prenup can identify which spouse is responsible for certain debts, including student loans, credit cards, or business liabilities.

Inheritance and Estate Planning

The agreement can say that family heirlooms or inheritances stay within a particular family line.

Business Ownership

If one or both spouses own a business, the prenup can protect it from being divided or sold in the event of divorce.

All these provisions cover financial and property matters with one exception – Michigan courts will not enforce terms about child custody or child support. The court must always decide those issues based on the child’s best interests at the time of divorce.

Common Prenup Mistakes to Avoid

Even with good intentions, couples sometimes make errors that weaken their agreement. For example, many couples simply wait too long to get started. As noted, last-minute prenups can look like they were signed under duress.

Another common mistake is not sharing the complete picture of your finances with your fiance. Courts can nullify agreements if either spouse’s financial information was incomplete or false. Likewise, vague terms about property or support can create loopholes and invite litigation in a divorce.

Next, couples should be aware that DIY agreements or generic templates hold up in court less often than those written by an attorney. Finally, trying to control too many aspects of the relationship (like chores, intimacy, or parenting roles) can make the entire agreement seem unreasonable.

A well-drafted prenup should protect both parties while staying realistic, fair, and consistent with Michigan law.

What if I Change My Mind About Signing a Prenup?

It is natural for opinions to shift as the wedding approaches. If one partner feels uncertain or pressured, they should pause negotiations rather than sign something they are not sure about. A skilled family lawyer can help revise the terms or suggest waiting until after the wedding to draft a postnuptial agreement instead.

Once signed and executed properly, a prenup remains valid for the duration of the marriage unless both spouses agree to revoke or amend it in writing.

Contact a Novi, MI Prenuptial Agreement Lawyer

If you and your fiancé are considering a prenuptial agreement, make sure it is written with care and precision. At Elkouri Heath, PLC, our Oakland County, MI family lawyers can help you create an airtight prenup that stands up in court and reflects your shared goals. Call 248-344-9700 today to schedule your free consultation with a Novi, MI prenuptial agreement attorney.