Taylor Swift and Travis Kelce are officially engaged. While fans wait for the American version of a royal wedding, we family law attorneys here in Oakland County, Michigan, are all too aware that the prenuptial agreement will be substantial. While we are thrilled about Taylor and Travis’ love story, we also want to look at how a prenuptial agreement, such as theirs, may be handled in Oakland County.
What is a Prenuptial Agreement in Oakland County?
A prenuptial agreement is a contract entered into before marriage that outlines how assets, property, inheritance, and spousal support will be divided in the event of a divorce or legal separation. Contrary to popular belief, it’s not about predicting divorce; it’s about creating a financial insurance plan. You do not get car insurance expecting to go into an accident. These contracts can be referred to as prenuptial agreements, prenups, or antenuptial agreements. Those names all refer to the same thing. They must not be confused with a post-nuptial agreement, which is entered into after the spouses are married.
Michigan law allows prenuptial agreements, but our Oakland County courts carefully judge their enforceability. In Oakland County Family Court, prenuptial agreements (prenups) are enforced under Michigan contract law and common law principles, with guidance from statutes when support obligations are involved. In places like Birmingham, Troy, and Bloomfield Hills, where high-asset divorces are common, judges review prenups with close attention to fairness, voluntariness, and full financial disclosure. In fact, the judges in Livingston County and Wayne County all consider the same factors. And to make Michigan law even more complicated, courts examine whether the agreement was fair when it was first made and whether it remains fair when one of the spouses seeks to enforce the contract.
Why Even Celebrities Protect Their Property
While we do not know if Taylor and Travis will even sign a prenup, we can speculate on what one would entail if they do.
Taylor Swift’s billion-dollar empire includes music royalties, her re-recorded “Taylor’s Versions,” and massive touring revenue. Travis Kelce boasts multimillion-dollar NFL contracts, numerous endorsements, a radio show, and various business ventures. It’s only natural they’d want to protect their hard-earned assets. All in all, it’s a pretty safe bet that both Travis and Taylor have their team of attorneys carefully drafting and scrutinizing prenuptial contracts.
In Oakland County, a prenup might declare that:
- Taylor’s songwriting catalog remains separate property.
- Travis’s NFL earnings and investments remain his.
- Any marital property acquired after marriage is divided according to agreed-upon terms.
Prenuptial contracts vary widely, and we have drafted them to be as creative and comprehensive as our clients desire. It isn’t about distrust or expecting the marriage to end. We certainly would never imagine in our wildest dreams that these two would ever break up. Celebrity marriages are always so stable, right? It’s about clarity and security.
Key Legal Requirements for an Oakland County Prenup
Courts in Oakland County, Livingston County and Macomb County will uphold a prenuptial agreement if:
- It was entered into voluntarily.
A prenup signed under pressure (for example, presented the night before the wedding) may be deemed invalid. The Oakland County Circuit Court requires fair timing and opportunity for review. - There was full financial disclosure.
Both parties must disclose income, property, and debts. Hiding assets could cause an Oakland County judge to rule the prenup contract invalid. - Each party had the opportunity to retain independent counsel.
Both Taylor and Travis must be allowed to hire their own attorneys. Oakland County judges expect that both parties understood the agreement and had the opportunity to receive independent legal advice. Note that you do not have to hire your own attorney, but you must be given the opportunity to. - The terms are fair and not unconscionable.
Even if both parties agree, Oakland County judges may refuse to enforce a prenuptial agreement that is grossly one-sided or violates Michigan law (for example, attempting to waive child support, which Michigan law does not permit).
Common Provisions in Celebrity (and Oakland County) Prenups
- Separate property – Identifying assets that remain individual (such as Swift’s music masters or Kelce’s investments).
- Future income – Deciding whether royalties, bonuses, or new ventures remain separate.
- Debt allocation – Protecting one spouse from the other’s risky business ventures.
- Spousal support (alimony) – Setting limits, though Oakland County judges can still review support for fairness.
- Confidentiality – Preventing “tell-all” books or media disclosures, which is especially important for high-profile couples.
What Prenups Cannot Cover in Oakland County
- Child custody or parenting time – Michigan’s Child Custody Act governs these issues. They cannot be agreed to in a private contract.
- Child support – Enforced under Michigan’s Support and Parenting Time Enforcement Act, MCL 552.601 et seq. Michigan law follows a child support formula; a prenup stating an agreed-upon child support amount will not be upheld.
FAQs About Prenups in Michigan
Do prenups hold up in Oakland County courts?
Yes, if voluntarily signed, with full disclosure, independent legal counsel, and fair terms.
Can a prenup waive child support in Michigan?
No. Under Michigan law, child support cannot be waived in a prenup.
If my spouse pressured me into signing, is the prenup valid?
No. Oakland County judges require voluntariness. If you were pressured to sign, the judge is likely to invalidate the agreement.
Do both parties really need a lawyer?
Yes. Independent counsel for both parties is crucial in ensuring that the prenuptial agreement is fair to both parties. However, you have the right to make foolish decisions and forgo hiring an attorney if you wish to do so.
Can a prenuptial agreement protect future income, such as bonuses or royalties?
Yes, but only if clearly defined in the agreement. Oakland County judges will enforce terms regarding future income, provided they are fair when made and when implemented, and not contrary to public policy or Michigan law.
Why You Need a Lawyer in Oakland County
Whether you live in Bloomfield, Novi, Waubeek, or Livingston County, an attorney can ensure that the terms of the prenuptial agreement (prenup) protect your financial future. Without experienced legal guidance:
- You risk an unenforceable contract.
- You may unknowingly waive rights you are entitled to; or
- You could face a drawn-out and expensive legal battle in the event of divorce.
An important word of caution from our team of family law attorneys: Drafting a prenuptial contract is a complex process. Often, we get phone calls from people who are getting married very soon, or people looking for the cheapest attorney to write their prenuptial contract. Good family law attorneys take their time, are thorough and methodical and look at examine options, possible flaws, creative solutions and things that might cause a judge to invalidate the contract. Asking an attorney to do that work quickly or cheaply will not work out well in the long run.
An experienced Oakland County family law attorney ensures that your prenuptial agreement meets Michigan’s legal requirements and protects your future. At The Kronzek Firm, we assist residents of Oakland County and surrounding counties, including Livingston, Macomb, and Wayne, by methodically creating prenuptial agreements tailored to their specific needs and future prospects. We work with you to protect you from unfair terms and safeguard your assets in the event of a divorce. Contact us today for a consultation. You can send us an email at contactus@kronzek.law at any time.
📞 Our highly respected attorneys have represented thousands of Michigan clients for more than 30 years. You can reach our Oakland County office in Farmington Hills by calling (248) 479-6200.
[Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult an attorney for personalized guidance.]