View Our Practice Areas

What can I include in a prenuptial agreement?

When you are preparing for your wedding, perhaps the last thing you might want to think about is the possibility of the marriage ending in divorce. However, taking a little time to make a backup plan that addresses various divorce-related issues, even though they may never arise, can give you and your partner peace of mind.

This is why it can be wise to create a prenuptial agreement. These contracts set critical guidelines and expectations that only come into play if a couple divorces, which can make the difficult process of ending a marriage a little easier. Below, we discuss some of the elements you might address in your prenup. There could be some that surprise you.

Protecting property

Property is the most common element of a prenuptial agreement. People often use a prenup to identify separate property, or property that belongs to one partner, and decide what will happen to that property in divorce.

You can also make decisions on how you will address debts that individuals carry into the union. Often, individual debts will remain with the borrower in the event of a divorce, but sometimes separate debt can become a marital debt. Addressing it in a prenup can prevent or account for this.

Protecting people

If you have children from a previous relationship, you can protect property you want them to inherit someday with a prenup. You can also make decisions on what will happen to any reproductive material either party has frozen in a plan to someday start a family. 

You might also address pet ownership and custody in a prenuptial agreement.

Addressing other issues in a prenup

Income classification, marital roles, spousal support, inheritances and business interests are also items worth examining when it comes to a prenuptial agreement. 

Understand, though, that there are many things you cannot or should not include a valid prenuptial agreement. For instance, you cannot make decisions on child custody or support, and you cannot include illegal clauses.

As this FindLaw article notes, there is no fixed rule when it comes to what a Michigan prenuptial agreement must include. As such, discussing the details of your case with an attorney can be wise so you can secure a valid agreement that fits your specific needs.

No Comments

Leave a comment
Comment Information


  • Understanding the legalities of the divorce process Laura has walked me through the maze of this legal system educating me so that I understand the divorce process. She has fought for me an every issue that I have had concerns with and given me excellent advice when I needed it. I am very satisfied with the direction and results. - Anonymous
  • The Best Family Lawyer in MI My cousin who owns his own law firm in Toronto found Amy for me as the best female lawyer in MI. It turned out to be very true. She helped me through one of the hardest times of my life, not only just legally but emotionally through a divorce... - Graeme
  • Laura Eisenberg -Attorney Without a doubt, one of the most professional people I have ever dealt with. Laura is an over-communicator with a complete skill set. She was able to manage my expectations while helping me to feel confident in the decisions we were making. The results were great and the client-lawyer relationship was exceptional.- Jeff
  • Excellent, Supportive, Knowledgeable, Strong Amy is the best type of lawyer one could want - she is tough when needed, extremely knowledgeable about her field, confident, supportive, straightforward, reliable and cognizant of keeping financial commitments at a reasonable level. Amy handled my divorce and was not only excellent in her delivery of services, but...- Jordana
  • Highly Recommended - Caring, Tough, Affordable Lawyer Laura Eisenberg was 100% on my side during my divorce and actually got it pushed through ahead of schedule because of her good relationship with the Oakland County judge! She got me everything I wanted and also worked out the custody, child support and the property settlement that I wanted. - Katherine
  • Very Skilled & Experienced Lawyer Laura helped me through a very difficult divorce situation. I was completely taken by surprise when my spouse filed divorce papers, and was worried about the children, the house, child support, etc. A friend recommended Laura because she had really helped her with her divorce. - Anonymous
Read More
  1. Super Lawyers
  2. Distinguished AV | LexisNexis Martindale-Hubbell | Peer Review Rated For Ethical Standards and Legal Ability
  3. AAML | American Academy of Matrimonial Lawyers
  4. The Best Lawyers in America
  5. MIPA
  6. Business | Top Lawyers
  7. Avvo Rating 10.0 | Superb | Featured Attorney

Get Started Today

Responding to our clients' needs is our first priority at Eisenberg & Spilman, PLLC. Whether you are considering divorce and have questions about your rights, or you are seeking custody of your child, our Oakland County family law attorneys are here to help you.

We invite you to contact Eisenberg & Spilman, PLLC, at 248-358-8880 to schedule a confidential consultation with one of our attorneys to discuss your divorce or other family law matters. In addition to our regular business hours, evening and weekend appointments are available upon request.

Email Us For A Response

Eisenberg & Spilman, PLLC
600 South Adams Road Suite 100
Birmingham, MI 48009

Phone: 248-358-8880
Birmingham Family Law Office

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy