For many years courts in Michigan would not enforce Pre-nuptial Agreements. There existed a concern that enforcement of such agreements could weaken marriages. Then a Michigan Court of Appeals rejected that argument. Later the Michigan legislature also passed a statute that specifically permits "a contract relating to property made between persons in contemplation of marriage shall remain in full force after marriage takes place."
People use Pre-nuptial agreements for many reasons. Sometimes one wants to enter such an agreement to decrease the likelihood that their financial resources will be unnecessarily consumed in an expensive lengthy court battle if the parties divorce or after a party dies. Others want to protect children from a previous marriage.
When deciding whether to enforce a pre-marital agreement courts focus on fairness. It the agreement was fair at the time it was agreed to and was entered into with full disclosure, without fraud, duress or mistake, courts will generally enforce them.